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 .



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.