Crimes Act 1914
View history note
Hide history noteDisclosure - 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 .
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