Communication and publication of information from use of data surveillance device
16 Communication and publication of information from use of data surveillance device
(1) A law enforcement officer or an ICAC officer is guilty of an offence if:
(a) the officer communicates or publishes any information (the relevant information) about the input of information into, or the output of information from, a computer; and
(b) the relevant information has been obtained as a direct or indirect result of the use of a data surveillance device.
Maximum penalty: 100 penalty units or imprisonment for 1 year.
(2) Subsection (1) does not apply:
(a) to a communication or publication made with the express or implied consent of the person for whom the information is input into or output from the computer; or
(b) to a communication or publication made in the course of a legal or disciplinary proceeding; or
(c) to a communication or publication of protected information; or
(d) to a communication or publication made by a law enforcement officer:
(i) to a person authorised by the chief officer of the law enforcement agency for investigating or prosecuting an offence; or
(ii) otherwise in the performance of the officer's duty; or
(da) to a communication or publication made by an ICAC officer:
(i) to a person authorised by the ICAC for investigating, reporting or referring an allegation of improper conduct; or
(ii) otherwise in the performance of the officer's duty; or
(e) to a communication or publication authorised by a law of the
Commonwealth relating to the security of the Commonwealth.
This Act’s bill:Explanatory statementSecond reading speech
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