Crimes Act 1914

Part IAC - Assumed identities  

Division 6 - Compliance and Monitoring  

Subdivision A - Misuse of Assumed Identity and Information  

SECTION 15LC   Disclosing information about assumed identity  

(1)    
A person commits an offence if:

(a)    the person engages in conduct; and

(b)    the conduct causes the disclosure of information; and

(c)    the information reveals, or is likely to reveal, that another person has acquired, will acquire, is using or has used an assumed identity.

Penalty: Imprisonment for 2 years.


(2)    
A person commits an offence if:

(a)    the person engages in conduct; and

(b)    the conduct causes the disclosure of information; and

(c)    the information reveals, or is likely to reveal, that another person has acquired, will acquire, is using or has used an assumed identity; and

(d)    the person is reckless as to whether his or her conduct will endanger the health or safety of any person.

Penalty: Imprisonment for 10 years.


(3)    
A person commits an offence if:

(a)    the person engages in conduct; and

(b)    the conduct causes the disclosure of information; and

(c)    the information reveals, or is likely to reveal, that another person has acquired, will acquire, is using or has used an assumed identity; and

(d)    the person is reckless as to whether his or her conduct will prejudice the effective conduct of an investigation or intelligence-gathering in relation to criminal activity.

Penalty: Imprisonment for 10 years.


(4)    
A person does not commit an offence under subsection (1) , (2) or (3) if the person causes the disclosure of information mentioned in paragraph (1)(c) , (2)(c) or (3)(c) (as the case may be) and the disclosure is:

(a)    in connection with the administration or execution of this Part or a corresponding assumed identity law; or

(b)    for the purposes of any legal proceeding arising out of or otherwise related to this Part or a corresponding assumed identity law or of any report of any such proceedings; or

(c)    made by the Commonwealth Director of Public Prosecutions for the purposes of a legal proceeding; or

(d)    in accordance with the exercise of powers or performance of functions of a law enforcement agency or an intelligence agency; or

(db)    

for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; or

(da)    

in connection with the exercise of a power, or the performance of a function or duty, of the Inspector of the National Anti-Corruption Commission or a person assisting the NACC Inspector; or

(e)    in accordance with any requirement imposed by law.

Note 1:

A defendant bears an evidential burden in relation to the matters in subsection (4) - see subsection 13.3(3) of the Criminal Code .

Note 2:

The mere existence of an exception under subsection (4) does not mean that a person might not commit an offence under a provision of another Act (such as under Division 1 of Part 6 of the Intelligence Services Act 2001 ) if the person causes the disclosure of information mentioned in paragraph (1)(c) , (2)(c) or (3)(c) .





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