Crimes Act 1914

Part IABA - Integrity testing  

Division 4 - Integrity testing operations: disclosure of information  

SECTION 15JQ   Integrity testing operations - disclosure  

Disclosure - offence

(1)    
A person commits an offence if:

(a)    the person discloses information; and

(b)    the information relates to an integrity testing operation.

Penalty: Imprisonment for 2 years.

Exception - authorised disclosure

(2)    
Subsection (1) does not apply if the disclosure was:

(a)    in connection with the administration or execution of this Part; or

(b)    for the purposes of obtaining legal advice in relation to the integrity testing operation; or

(c)    for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, the integrity testing operation; or

(d)    

in connection with the administration or execution of the National Anti-Corruption Commission Act 2022 ; or

(e)    to an authority of the Commonwealth, a State or a Territory, if the disclosure relates to the misconduct of an employee or officer of the authority; or

(f)    in accordance with any requirement imposed by law; or

(g)    in connection with the performance of functions or duties, or the exercise of powers, of the target agency in relation to which the operation was conducted.

Exception - corruption issue or misconduct

(3)    
Subsection (1) does not apply if:

(a)    

the person (the discloser ) discloses the information to the National Anti-Corruption Commissioner; and

(b)    the discloser informs the person to whom the disclosure is made of the discloser ' s identity before making the disclosure; and

(c)    the information concerns a corruption issue, or misconduct, in relation to an integrity testing operation; and

(d)    

the discloser considers that the information may assist the National Anti-Corruption Commissioner to perform the Commissioner ' s functions or duties; and

(e)    the discloser makes the disclosure in good faith.

Note:

A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) - see subsection 13.3(3) of the Criminal Code .