Crimes Act 1914
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View history notePt IABA inserted by No 194 of 2012, s 3 and Sch 1 item 29, effective 13 December 2012. No 194 of 2012, s 3 and Sch 1 item 30 contains the following application provision:
integrity testing authority
30 Application of amendments
(1)
The amendments of the
Crimes Act 1914
made apply in relation to an integrity testing authority granted (or sought to be granted) on or after 13 December 2012:
(a)
whether the act or omission constituting the suspected offence in relation to which the authority is (or is sought to be) granted occurred (or is alleged to have occurred) before, on or after 13 December 2012; and
(b)
whether any other circumstance in relation to which the authority is (or is sought to be) granted occurred (or is alleged to have occurred) before, on or after 13 December 2012.
(2)
In this item:
means an integrity testing authority under Part IABA of the
Crimes Act 1914
, as inserted.
Div 4 inserted by No 194 of 2012, s 3 and Sch 1 item 29, effective 13 December 2012. For application provision, see note under Pt IABA heading.
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.
S 15JQ(2) amended by No 89 of 2022, s 3 and Sch 1 item 83, by substituting " National Anti-Corruption Commission Act 2022 " for " Law Enforcement Integrity Commissioner Act 2006 " in para (d), effective 1 July 2023.
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 .
S 15JQ(3) amended by No 89 of 2022, s 3 and Sch 1 item 84, by substituting " National Anti-Corruption Commissioner " for " Integrity Commissioner " in para (a) and (d), effective 1 July 2023.
S 15JQ inserted by No 194 of 2012, s 3 and Sch 1 item 29, effective 13 December 2012. For application provision, see note under Pt IABA heading.
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