Crimes Act 1914

A person commits an offence if:

the person is, or has been, an entrusted person; and

information came to the knowledge or into the possession of the person in the person’s capacity as an entrusted person; and

the person discloses the information; and

the information relates to a controlled operation.

Recklessness is the fault element for paragraphs (1)(b) and (d)—see section 5.6 of the Criminal Code.

Strict liability applies to paragraph (1)(a).

For strict liability, see section 6.1 of the Criminal Code.

A person commits an offence if:

the person is, or has been, an entrusted person; and

information came to the knowledge or into the possession of the person in the person’s capacity as an entrusted person; and

the person discloses the information; and

the information relates to a controlled operation; and

either or both of the following subparagraphs apply:

the person intends to endanger the health or safety of any person or prejudice the effective conduct of a controlled operation;

the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation.

Recklessness is the fault element for paragraphs (1B)(b) and (d) and subparagraph (1B)(e)(ii)—see section 5.6 of the Criminal Code.

Strict liability applies to paragraph (1B)(a).

For strict liability, see section 6.1 of the Criminal Code.

A person commits an offence if:

the person discloses information; and

the information relates to a controlled operation; and

the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation.

Recklessness is the fault element for paragraphs (1D)(b) and (c)—see section 5.6 of the Criminal Code.

A person commits an offence if:

the person discloses information; and

the information relates to a controlled operation; and

either or both of the following subparagraphs apply:

the person intends to endanger the health or safety of any person or prejudice the effective conduct of a controlled operation;

the person knows that the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation.

Recklessness is the fault element for paragraph (1E)(b)—see section 5.6 of the Criminal Code.

Subsections (1) to (1E) do not apply if the disclosure was:

in connection with the administration or execution of this Part; or

for the purposes of any legal proceedings arising out of or otherwise related to this Part or of any report of any such proceedings; or

for the purposes of obtaining legal advice in relation to the controlled operation; or

in accordance with any requirement imposed by law; or

in connection with the performance of functions or duties, or the exercise of powers, of a law enforcement agency.

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

Subsections (1) to (1E) do not apply, in the case of a controlled operation authorised by an integrity testing controlled operation authority (granted on the basis that an integrity testing authority is in effect), if the disclosure was:

in any of the circumstances mentioned in paragraphs (2)(a) to (e); or

in connection with the administration or execution of Part IABA, or the National Anti‑Corruption Commission Act 2022, in relation to the integrity testing authority; or

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 controlled operation; or

in relation to the integrity testing authority:

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, an integrity testing operation authorised by the authority; or

to an authority of the Commonwealth, a State or a Territory, if the disclosure relates to the misconduct of an employee or officer of the authority.

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

Subsections (1) to (1E) do not apply if:

the person (the discloser) discloses the information to the Ombudsman, the National Anti‑Corruption Commissioner, the Inspector of the National Anti‑Corruption Commission or an IGIS official; and

the discloser informs the person to whom the disclosure is made of the discloser’s identity before making the disclosure; and

the information concerns:

a corruption issue (within the meaning of the National Anti‑Corruption Commission Act 2022) or a NACC corruption issue (within the meaning of that Act) in relation to a controlled operation; or

misconduct in relation to a controlled operation; or

if the disclosure is to an IGIS official—action taken by ACC, the Australian Federal Police or the Immigration and Border Protection Department; and

the discloser considers that the information may assist a person referred to in paragraph (a) to perform the person’s functions or duties; and

the discloser makes the disclosure in good faith.

A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.

Subsections (1D) and (1E) do not apply to a person disclosing information if:

the information has already been communicated, or made available, to the public (the prior publication); and

the person was not involved in the prior publication (whether directly or indirectly); and

at the time of the disclosure, the person believes that the disclosure:

will not endanger the health or safety of any person; and

will not prejudice the effective conduct of a controlled operation; and

having regard to the nature, extent and place of the prior publication, the person has reasonable grounds for that belief.

A defendant bears an evidential burden in relation to the matters in subsection (4)—see subsection 13.3(3) of the Criminal Code.