Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 15JR

Offence--disclosure endangering safety etc.

  (1)   A person commits an offence if:

  (a)   the person discloses information; and

  (b)   the information relates to an integrity testing operation; and

  (c)   either:

  (i)   the person intends to endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation; or

  (ii)   the disclosure of the information will endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation.

Penalty:   Imprisonment for 10 years.

Exceptions--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)   a disclosure to an authority of the Commonwealth, a State or a Territory; 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.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (2)--see subsection   13.3(3) of the Criminal Code .

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 subsection   (3)--see subsection   13.3(3) of the Criminal Code .