CRIMES ACT 1914

Part IABA - Integrity testing  

Division 4 - Integrity testing operations: disclosure of information  

SECTION 15JR   Integrity testing operations - disclosure endangering safety etc.  

Offence - disclosure endangering safety etc.

(1)  
A person commits an offence if:


(a) the person discloses information; and


(b) the information relates to an integrity testing operation; and


(c) either:


(i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation; or

(ii) the disclosure of the information will endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation.

Penalty: Imprisonment for 10 years.

Exceptions - authorised disclosure

(2)  
Subsection (1) does not apply if the disclosure was:


(a) in connection with the administration or execution of this Part; or


(b) for the purposes of obtaining legal advice in relation to the integrity testing operation; or


(c) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, the integrity testing operation; or


(d) in connection with the administration or execution of the Law Enforcement Integrity Commissioner Act 2006 ; or


(e) a disclosure to an authority of the Commonwealth, a State or a Territory; or


(f) in accordance with any requirement imposed by law; or


(g) in connection with the performance of functions or duties, or the exercise of powers, of the target agency in relation to which the operation was conducted.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (2) - see subsection 13.3(3) of the Criminal Code .

Exception - corruption issue or misconduct

(3)  
Subsection (1) does not apply if:


(a) the person (the discloser ) discloses the information to the Integrity Commissioner; and


(b) the discloser informs the person to whom the disclosure is made of the discloser ' s identity before making the disclosure; and


(c) the information concerns a corruption issue, or misconduct, in relation to an integrity testing operation; and


(d) the discloser considers that the information may assist the Integrity Commissioner to perform the Commissioner ' s functions or duties; and


(e) the discloser makes the disclosure in good faith.

Note:

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




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