Offence—soliciting disclosure of protected information
357 Offence—soliciting disclosure of protected information
If:
a person solicits the disclosure of protected information from an officer or another person; and
the disclosure would be in contravention of this Division; and
the first‑mentioned person knows or ought reasonably to know that the information is protected information;
then, whether or not any protected information is actually disclosed, the first‑mentioned person commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.
Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.
For protected information see subsection 3(1).
For officer see subsection 3(1).
For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that the contravention is a contravention of this Division.
For strict liability, see section 6.1 of the Criminal Code.
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