Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct causes the disclosure of information; and
(c) the information reveals, or is likely to reveal, that another person has acquired, will acquire, is using or has used an assumed identity.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct causes the disclosure of information; and
(c) the information reveals, or is likely to reveal, that another person has acquired, will acquire, is using or has used an assumed identity; and
(d) the person is reckless as to whether his or her conduct will endanger the health or safety of any person.
Penalty: Imprisonment for 10 years.
(3) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct causes the disclosure of information; and
(c) the information reveals, or is likely to reveal, that another person has acquired, will acquire, is using or has used an assumed identity; and
(d) the person is reckless as to whether his or her conduct will prejudice the effective conduct of an investigation or intelligence - gathering in relation to criminal activity.
Penalty: Imprisonment for 10 years.
(4) A person does not commit an offence under subsection (1), (2) or (3) if the person causes the disclosure of information mentioned in paragraph (1)(c), (2)(c) or (3)(c) (as the case may be) and the disclosure is:
(a) in connection with the administration or execution of this Part or a corresponding assumed identity law; or
(b) for the purposes of any legal proceeding arising out of or otherwise related to this Part or a corresponding assumed identity law or of any report of any such proceedings; or
(c) made by the Commonwealth Director of Public Prosecutions for the purposes of a legal proceeding; or
(d) in accordance with the exercise of powers or performance of functions of a law enforcement agency or an intelligence agency; or
(da) in connection with the exercise of a power, or the performance of a function or duty, of the Inspector of the National Anti - Corruption Commission or a person assisting the NACC Inspector; or
(db) for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; or
(e) in accordance with any requirement imposed by law.
Note 1: A defendant bears an evidential burden in relation to the matters in subsection (4)--see subsection 13.3(3) of the Criminal Code .
Note 2: The mere existence of an exception under subsection (4) does not mean that a person might not commit an offence under a provision of another Act (such as under Division 1 of Part 6 of the Intelligence Services Act 2001 ) if the person causes the disclosure of information mentioned in paragraph (1)(c), (2)(c) or (3)(c).