Disclosure for purposes of law enforcement
55 Disclosure for purposes of law enforcement
Scope
This section applies if the Chair of the Regulator is satisfied that disclosure of particular protected information is reasonably necessary for:
the enforcement of the criminal law; or
the enforcement of a law imposing a pecuniary penalty; or
the protection of the public revenue.
Disclosure
The Chair of the Regulator may disclose that protected information to:
a Department, agency or authority of the Commonwealth, a State or a Territory; or
an Australian police force;
whose functions include that enforcement or protection, for the purposes of that enforcement or protection.
If an official of the Regulator is authorised by the Chair of the Regulator, in writing, for the purposes of this section, the official may disclose that protected information to:
a Department, agency or authority of the Commonwealth, a State or a Territory; or
an Australian police force;
whose functions include that enforcement or protection, for the purposes of that enforcement or protection.
Secondary disclosure and use
A person commits an offence if:
the person is, or has been, an employee or officer of:
a Department, agency or authority of the Commonwealth, a State or a Territory; or
an Australian police force; and
protected information has been disclosed under subsection (2) or (3) to the Department, agency, authority or police force, as the case may be; and
the person has obtained the information in the person’s capacity as an employee or officer of the Department, agency, authority or police force, as the case may be; and
the person:
discloses the information to another person; or
uses the information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Subsection (4) does not apply if:
the disclosure or use is with the consent of the Chair of the Regulator; and
the disclosure or use is for the purpose of:
enforcing the criminal law; or
enforcing a law imposing a pecuniary penalty; or
protecting the public revenue.
A defendant bears an evidential burden in relation to a matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
Conditions
The Chair of the Regulator may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (2) or (3).
A person commits an offence if:
the person is subject to a condition under subsection (6); and
the person engages in conduct; and
the person’s conduct breaches the condition.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
An instrument under subsection (6) is not a legislative instrument.
This Act’s bill:Explanatory memorandumSecond reading speech
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