Crimes (Surveillance Devices) Act 2010

A person commits an offence if—

the person uses information; and

the information is protected information; and

the use of the information is not permitted by this section; and

the person is reckless about whether the use of the information is not permitted by this section.

The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code, s 20 (4)).

A person commits an offence if—

the person communicates information; and

the information is protected information; and

the communication of the information is not permitted by this section; and

the person is reckless about whether the communication of the information is not permitted by this section.

A person commits an offence if—

the person publishes information; and

the information is protected information; and

the publication of the information is not permitted by this section; and

the person is reckless about whether the publication of the information is not permitted by this section.

A person commits an offence if the person commits an offence against subsection (1), (2) or (3) in circumstances in which the person—

intends to endanger the health or safety of anyone; or

is reckless about whether the disclosure of the information endangers or will endanger the health or safety of anyone.

A person commits an offence if the person commits an offence against subsection (1), (2) or (3) in circumstances in which the person—

intends to prejudice the effective conduct of an investigation; or

is reckless about whether the disclosure of the information prejudices or will prejudice the effective conduct of an investigation.

Subsections (1) to (5) do not apply to—

the use, communication or publication of—

any information if the information has been disclosed in proceedings in open court; or

any information if the information has entered the public domain; or

the use or communication of protected information by a person if the person believes on reasonable grounds that the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or

the communication to the Director-General (within the meaning of the Australian Security Intelligence Organisation Act 1979 (Cwlth)) of protected information if the protected information relates or appears to relate to activities prejudicial to security (within the meaning of that Act); or

the use or communication of information mentioned in paragraph (c) by an officer of the Australian Security Intelligence Organisation if the use or communication is in the performance of the officer’s official functions; or

the use or communication of information to a foreign country or an appropriate authority of a foreign country if the use or communication is in accordance with the Mutual Assistance in Criminal Matters Act 1987 (Cwlth).

Protected information may be used, communicated or published if it is necessary to do so for any of the following purposes:

the investigation of a relevant offence within the meaning of this Act or a relevant offence within the meaning of a corresponding law;

the investigation of corrupt conduct under the Integrity Commission Act 2018;

the making of a decision whether or not to bring a prosecution for a relevant offence within the meaning of this Act or a relevant offence within the meaning of a corresponding law;

a relevant proceeding within the meaning of this Act or a relevant proceeding within the meaning of a corresponding law;

an investigation of a complaint against, or the conduct of, a public officer within the meaning of this Act or a public officer within the meaning of a corresponding law;

the making of a decision in relation to the appointment, re-appointment, term of appointment, termination or retirement of a person mentioned in paragraph (e);

the keeping of records and the making of reports by—

a law enforcement agency in accordance with the obligations imposed by division 5.2 (Reporting and record-keeping); or

a law enforcement agency (within the meaning of a corresponding law) in accordance with the obligations imposed by provisions of the corresponding law that correspond to division 5.2;

an inspection by the ombudsman under section 42 (Inspection of records by ombudsman) or an inspection under a provision of a corresponding law that corresponds to section 42;

an investigation under the Information Privacy Act 2014 or another law of the Territory, a participating jurisdiction or the Commonwealth concerning the privacy of personal information.

Subsections (6) (c) and (d) and (7) (a), (c) and (d) do not authorise the use, communication or publication of protected information in relation to an emergency authorisation or corresponding emergency authorisation unless the use of powers under that emergency authorisation has been approved under section 29 (Judge may approve emergency use of powers) or the provisions of a corresponding law that correspond to section 29.

A reference in subsection (8) to a relevant offence (whether of the ACT or another jurisdiction) is a reference to any relevant offence of the relevant jurisdiction, whether or not it is the offence of the relevant jurisdiction in relation to which the relevant warrant or emergency authorisation was issued or given.