(1) A person (the first person ) contravenes this subsection if:
(a) another person (the discloser ) makes a disclosure of information (the qualifying disclosure ) that qualifies for protection under this Part; and
(b) the first person discloses any of the following (the confidential information ):
(i) the identity of the discloser;
(ii) information that is likely to lead to the identification of the discloser; and
(c) the confidential information is information that the first person obtained directly or indirectly because of the qualifying disclosure; and
(d) the disclosure referred to in paragraph (b) is not authorised under subsection (2) or (3).
Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1)).
Note 2: This subsection is also a civil penalty provision (see section 1317E). For relief from liability to a civil penalty relating to this subsection, see section 1317S.
(2) A disclosure referred to in paragraph (1)(b) is authorised under this subsection if it:
(a) is made to ASIC; or
(b) is made to APRA; or
(c) is made to a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or
(d) is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Part; or
(e) is made to a person or body prescribed by the regulations for the purposes of this paragraph; or
(f) is made with the consent of the discloser.
(3) Without limiting subsection (2), a disclosure referred to in paragraph (1)(b) is authorised under this subsection if it:
(a) is made by ASIC, APRA or a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); and
(b) is made to a Commonwealth authority, or a State or Territory authority, for the purpose of assisting the authority in the performance of its functions or duties.
(4) Subsection (1) does not apply if:
(a) the disclosure referred to in paragraph (1)(b):
(i) is not of the identity of the discloser; and
(ii) is reasonably necessary for the purposes of investigating a matter referred to in subsection 1317AA(4) or (5) to which the qualifying disclosure relates; and
(b) the first person takes all reasonable steps to reduce the risk that the discloser will be identified as a result of the disclosure referred to in paragraph (1)(b).
Note: In a prosecution for an offence, a defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code .