Disclosure of identifying information
(1) A person (the first person ) commits an offence if:
(a) another person (the second person ) has made a public interest disclosure; and
(b) the first person discloses information ( identifying information ) that:
(i) was obtained by any person in that person's capacity as a public official; and
(ii) is likely to enable the identification of the second person as a person who has made a public interest disclosure; and
(c) the disclosure is to a person other than the second person.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
Use of identifying information
(2) A person commits an offence if the person uses identifying information.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
(3) Subsections (1) and (2) do not apply if one or more of the following applies:
(a) the disclosure or use of the identifying information is for the purposes of this Act;
(b) the disclosure or use of the identifying information is in connection with the performance of a function conferred on the Ombudsman by section 5A of the Ombudsman Act 1976 ;
(c) the disclosure or use of the identifying information is in connection with the performance of a function conferred on the IGIS by section 8A of the Inspector - General of Intelligence and Security Act 1986 ;
(d) the disclosure or use of the identifying information is for the purposes of:
(i) a law of the Commonwealth; or
(ii) a prescribed law of a State or a Territory;
(e) the person likely to be identified by the identifying information has consented to the disclosure or use of the identifying information, or acted in a way that is inconsistent with keeping that person's identity confidential;
(f) the identifying information has previously been lawfully published.
Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4) For the purposes of paragraph (3)(a), and without limitation, a person discloses or uses identifying information for the purposes of this Act if the person does so:
(a) for the purpose of providing assistance in relation to a public interest disclosure; or
(b) for the purpose of providing legal advice, or other professional assistance, relating to a public interest disclosure, in the circumstances mentioned in paragraph 67(2)(a); or
(c) in the performance or exercise (or purported performance or
exercise) of a function or power conferred by this Act, in the circumstances
mentioned in subsection 78(1).