182Secondary disclosure/use offence: disclosures under Division 4

182 Secondary disclosure/use offence: disclosures under Division 4

(1) A person commits an offence if: (a) information or a document is disclosed to the person as permitted by Division 4 or 4A; and (b) the person discloses or uses the information or document.

Penalty: Imprisonment for 2 years.

Exempt disclosures (2) Paragraph (1)(b) does not apply to a disclosure of non‑missing person information if: (a) the disclosure is reasonably necessary: (i) for a person to comply with his or her obligations under section 185D or 185E; or (ii) for the performance by the Organisation of its functions; or (iii) for the enforcement of the criminal law; or (iiia) for the purposes of Division 105A of the Criminal Code (post‑sentence orders); or (iiib) for the purposes of Division 395 of the Criminal Code (community safety orders); or (iiic) for the performance by the ACC of its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or (iv) for the enforcement of a law imposing a pecuniary penalty; or (v) for the protection of the public revenue; or (b) 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 (2) (see subsection 13.3(3) of the Criminal Code).

(2A) Paragraph (1)(b) does not apply to a disclosure of missing person information in relation to a missing person if: (a) the disclosure is reasonably necessary for the purposes of finding the missing person; or (b) the information is disclosed to the person who notified the Australian Federal Police, or a Police Force of a State, of the missing person and: (i) the missing person consented to the disclosure; or (ii) the missing person is unable to consent, and the disclosure is reasonably necessary to prevent a threat to the missing person’s health, life or safety; or (iii) the missing person is dead.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

Exempt uses (3) Paragraph (1)(b) does not apply to a use of non‑missing person information if: (a) the use is reasonably necessary: (i) for a person to comply with his or her obligations under section 185D or 185E; or (ii) for the enforcement of the criminal law; or (iia) for the purposes of Division 105A of the Criminal Code (post‑sentence orders); or (iib) for the purposes of Division 395 of the Criminal Code (community safety orders); or (iic) for the performance by the ACC of its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or (iii) for the enforcement of a law imposing a pecuniary penalty; or (iv) for the protection of the public revenue; or (b) the use is by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.