Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 86

86 Obtaining of or disclosure of secret information about the identity of informant

(1) A person who, without lawful justification or excuse, obtains or attempts to obtain secret information in the possession of a law enforcement agency or law enforcement officer about the identity of a criminal organisation informant commits a crime.

Penalty—

Maximum penalty—10 years imprisonment.

(2) A person who, without lawful justification or excuse, publishes or communicates secret information in the possession of, or obtained from, a law enforcement agency or law enforcement officer about the identity of a criminal organisation informant commits a crime.

Penalty—

Maximum penalty—10 years imprisonment.

(3) In this section—

"criminal intelligence" means information relating to actual or suspected criminal activity (including information the commissioner has obtained through the police service or from an external agency), whether in the State or elsewhere, the disclosure of which could reasonably be expected to—

(a) prejudice a criminal investigation; or

(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

(c) endanger a person’s life or physical safety.

"criminal organisation informant" means any of the following—

(a) anyone who has given, to the police service or an external agency, information that the commissioner reasonably believes is criminal intelligence about a criminal organisation or a participant in a criminal organisation, and who is not a police officer or officer of the external agency;

(b) an authorised officer who has obtained information in relation to the activities of a criminal organisation while acting under the Police Powers and Responsibilities Act 2000 , chapter 12 ;

(c) a police officer who has obtained information through the use of an assumed identity, whether or not under the Police Powers and Responsibilities Act 2000 , chapter 12 .

"external agency" means any of the following—

(a) the Crime and Corruption Commission;

(b) the Australian Federal Police;

(c) a police force or service of another State;

(d) the chief executive (corrective services);

(e) an officer of another State with powers and functions substantially corresponding to the powers and functions of the chief executive (corrective services) under the Corrective Services Act 2006 ;

(f) another entity—

(i) established under a law of another jurisdiction, including a jurisdiction outside Australia; and

(ii) with functions that include investigating or inquiring into criminal conduct, misconduct or corruption (whether or not the functions are stated in the law mentioned in subparagraph (i) ); and

(iii) declared by regulation to be an external agency.

"information" , about the identity of a criminal organisation informant, includes information that is likely to lead to the identity of the informant becoming known.

"officer" , of an external agency, includes a person employed by the agency, seconded to the agency or engaged by the agency under a contract for services.

"secret information" , in the possession of a law enforcement agency or law enforcement officer, means information it is the duty of the agency or officer to keep secret.