84Disclosure, receipt or solicitation of protected criminal intelligence

84 Disclosure, receipt or solicitation of protected criminal intelligence

(1) Subject to subsection (3), a person must not disclose, receive or solicit any information, document or other thing if the person knows or is reckless as to the fact that the information, document or other thing is protected criminal intelligence.

(3) Subsection (1) does not apply—

(a) to disclosure, receipt or solicitation of protected criminal intelligence that was in the public domain at the time of the disclosure, receipt or solicitation; or

S. 84(3)(b) amended by No. 37/2024 s. 104(6).

(b) to disclosure, receipt or solicitation of protected criminal intelligence by a law enforcement officer in the performance of the law enforcement officer's duty; or

(c) to disclosure of protected criminal intelligence by a person to a lawyer, or the receipt or solicitation of protected criminal intelligence by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or

(d) to disclosure, receipt or solicitation of protected criminal intelligence that is published in accordance with an order of the Court under section 77(1) or 83(1); or

(e) to disclosure, receipt or solicitation of protected criminal intelligence that is required, authorised or permitted by or under this Act.

(4) A person does not commit an offence against subsection (1) if—

(a) the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (3) existed at the time of the alleged commission of the offence; and

(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.