181ADisclosure/use offences: authorisations under Division 3

181A Disclosure/use offences: authorisations under Division 3

Disclosures (1) A person commits an offence if: (a) the person discloses information; and (b) the information is about any of the following: (i) whether an authorisation under Division 3 has been, or is being, sought; (ii) the making of such an authorisation; (iii) the existence or non‑existence of such an authorisation; (iv) the revocation of such an authorisation; (v) the notification of such a revocation.

Penalty: Imprisonment for 2 years.

(2) A person commits an offence if: (a) the person discloses a document; and (b) the document consists (wholly or partly) of any of the following: (i) an authorisation under Division 3; (ii) the revocation of such an authorisation; (iii) the notification of such a revocation.

Penalty: Imprisonment for 2 years.

(3) Paragraphs (1)(a) and (2)(a) do not apply to a disclosure of information or a document if: (a) the disclosure is for the purposes of the authorisation, revocation or notification concerned; or (b) the disclosure is reasonably necessary: (i) to enable the Organisation to perform its functions; or (ia) to enable a person to comply with his or her obligations under section 185D or 185E; or (ii) to enforce the criminal law; or (iia) to enable the ACC to perform its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or (iii) to enforce a law imposing a pecuniary penalty; or (iv) to protect the public revenue; or (c) the disclosure is: (i) to an IGIS official for the purpose of exercising a power, or performing a function or duty, as an IGIS official; or (ii) by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Uses (4) A person commits an offence if: (a) the person uses information; and (b) the information is about any of the following: (i) whether an authorisation under Division 3 has been, or is being, sought; (ii) the making of such an authorisation; (iii) the existence or non‑existence of such an authorisation; (iv) the revocation of such an authorisation; (v) the notification of such a revocation.

Penalty: Imprisonment for 2 years.

(5) A person commits an offence if: (a) the person uses a document; and (b) the document consists (wholly or partly) of any of the following: (i) an authorisation under Division 3; (ii) the revocation of such an authorisation; (iii) the notification of such a revocation.

Penalty: Imprisonment for 2 years.

(6) Paragraphs (4)(a) and (5)(a) do not apply to a use of information or a document if: (a) the use is for the purposes of the authorisation, revocation or notification concerned; or (b) the use is reasonably necessary: (i) to enable the Organisation to perform its functions; or (ia) to enable a person to comply with his or her obligations under section 185D or 185E; or (ii) to enforce the criminal law; or (iia) to enable the ACC to perform its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or (iii) to enforce a law imposing a pecuniary penalty; or (iv) to protect the public revenue; or (c) the use is by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.