Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) information or a document is disclosed to the person as permitted by Division 4 or 4A; and
(b) the person discloses or uses the information or document.
Penalty: Imprisonment for 2 years.
Exempt disclosures
(2) Paragraph (1)(b) does not apply to a disclosure of non-missing person information if:
(a) the disclosure is reasonably necessary:
(i) for a person to comply with his or her obligations under section 185D or 185E; or
(ii) for the performance by the Organisation of its functions; or
(iii) for the enforcement of the criminal law; or
(iiia) for the purposes of Division 105A of the Criminal Code (post-sentence orders); or
(iv) for the enforcement of a law imposing a pecuniary penalty; or
(v) for the protection of the public revenue; or
(b) the disclosure is:
(i) to an IGIS official for the purpose of the Inspector-General of Intelligence and Security exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986 ; or
(ii) by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under that Act.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(2A) Paragraph (1)(b) does not apply to a disclosure of missing person information in relation to a missing person if:
(a) the disclosure is reasonably necessary for the purposes of finding the missing person; or
(b) the information is disclosed to the person who notified the Australian Federal Police, or a Police Force of a State, of the missing person and:
(i) the missing person consented to the disclosure; or
(ii) the missing person is unable to consent, and the disclosure is reasonably necessary to prevent a threat to the missing person's health, life or safety; or
(iii) the missing person is dead.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code ).
Exempt uses
(3) Paragraph (1)(b) does not apply to a use of non-missing person information if:
(a) the use is reasonably necessary:
(i) for a person to comply with his or her obligations under section 185D or 185E; or
(ii) for the enforcement of the criminal law; or
(iia) for the purposes of Division 105A of the Criminal Code (post-sentence orders); or
(iii) for the enforcement of a law imposing a pecuniary penalty; or
(iv) for the protection of the public revenue; or
(b) the use is by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986 .
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4) Paragraph (1)(b) does not apply to a use of missing person information in relation to a missing person if the use is reasonably necessary for the purposes of finding the missing person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).
(4A) Paragraph (1)(b) does not apply to a disclosure or use of information or a document if the disclosure or use is permitted by section 180C or 180D.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code ).
(5) In this Act:
"missing person information" , in relation to a missing person, means information or a document that is disclosed under section 178A (locating missing persons) in relation to the person who the Australian Federal Police, or a Police Force of a State, has been notified is missing.
"non-missing person information" means information or a document that is disclosed as permitted by Division 4 or 4A, but not under section 178A (locating missing persons).