Commonwealth Consolidated Acts Commonwealth Consolidated ActsDisclosure--offence
(1) A person commits an offence if:
(a) the person discloses information; and
(b) the information relates to an integrity testing operation.
Penalty: Imprisonment for 2 years.
Exception--authorised disclosure
(2) Subsection (1) does not apply if the disclosure was:
(a) in connection with the administration or execution of this Part; or
(b) for the purposes of obtaining legal advice in relation to the integrity testing operation; or
(c) 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 integrity testing operation; or
(d) in connection with the administration or execution of the National Anti - Corruption Commission Act 2022 ; or
(e) 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; or
(f) in accordance with any requirement imposed by law; or
(g) in connection with the performance of functions or duties, or the exercise of powers, of the target agency in relation to which the operation was conducted.
Exception--corruption issue or misconduct
(3) Subsection (1) does not apply if:
(a) the person (the discloser ) discloses the information to the National Anti - Corruption Commissioner; and
(b) the discloser informs the person to whom the disclosure is made of the discloser's identity before making the disclosure; and
(c) the information concerns a corruption issue, or misconduct, in relation to an integrity testing operation; and
(d) the discloser considers that the information may assist the National Anti - Corruption Commissioner to perform the Commissioner's functions or duties; and
(e) the discloser makes the disclosure in good faith.
Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3)--see subsection 13.3(3) of the Criminal Code .