Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2018 (75 of 2018)

Schedule 3   Controlled operation disclosure offence

Crimes Act 1914

4   At the end of section 15HK

Add:

Exception - previously published information

(4) Subsections (1D) and (1E) do not apply to a person disclosing information if:

(a) the information has already been communicated, or made available, to the public (the prior publication); and

(b) the person was not involved in the prior publication (whether directly or indirectly); and

(c) at the time of the disclosure, the person believes that the disclosure:

(i) will not endanger the health or safety of any person; and

(ii) will not prejudice the effective conduct of a controlled operation; and

(d) having regard to the nature, extent and place of the prior publication, the person has reasonable grounds for that belief.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4) - see subsection 13.3(3) of the Criminal Code.