CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 4A - Determining a person's age  

Subdivision F - Disclosure and destruction of age determination information  

SECTION 3ZQJ   Disclosure of age determination information  

(1)  


A person commits an offence if:


(a) the person ' s conduct causes the disclosure of age determination information other than as provided by this section; and


(b) the person is reckless as to any such disclosure.

Penalty: Imprisonment for 2 years.

(2)  
A person may only disclose age determination information:


(a) for a purpose related to establishing and complying with the rules governing:


(i) the detention of the person to whom the age determination information relates; or

(ii) the investigation of a Commonwealth offence by that person; or

(iii) the institution of criminal proceedings against that person for a Commonwealth offence; or


(b) for a purpose related to the conduct of:


(i) the investigation of the person to whom the age determination information relates for a Commonwealth offence; or

(ii) proceedings for a Commonwealth offence against that person; or


(c) for the purpose of an investigation by the Information Commissioner of the Commonwealth or the Commonwealth Ombudsman; or


(d) if the person to whom the age determination information relates consents in writing to the disclosure.

Note:

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




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