Offence to publish identifying information
52 Offence to publish identifying information
A person commits an offence if:
the person intentionally publishes information; and
the information identifies, or is likely to lead to the identification of, any of the following:
a child born under a surrogacy arrangement;
a child who is the subject of an application for a parentage order;
a party to a surrogacy arrangement;
a party to a proceeding under this Act;
a person whose consent is required for a surrogacy arrangement or a parentage order; and
the person is reckless in relation to the result specified in paragraph (b).
Maximum penalty: 100 penalty units or imprisonment for 12 months.
It is a defence to a prosecution for an offence against subsection (1) if the defendant has written consent to publish information identifying the person from:
the person identified; or
in the case of a person who is under 18 years of age – the person with parental responsibility for the person identified.
Note for subsection (2)
The defendant has an evidential burden in relation to the matters required under this subsection (see section 43BU of the Criminal Code).
Note for section 52
In addition to the circumstances specified in this section, a person who discloses information specified in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
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