Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3ZQJ

  (1)   A person commits an offence if:

  (a)   the person's conduct causes the disclosure of age determination information other than as provided by this section; and

  (b)   the person is reckless as to any such disclosure.

Penalty:   Imprisonment for 2 years.

  (2)   A person may only disclose age determination information:

  (a)   for a purpose related to establishing and complying with the rules governing:

  (i)   the detention of the person to whom the age determination information relates; or

  (ii)   the investigation of a Commonwealth offence by that person; or

  (iii)   the institution of criminal proceedings against that person for a Commonwealth offence; or

  (b)   for a purpose related to the conduct of:

  (i)   the investigation of the person to whom the age determination information relates for a Commonwealth offence; or

  (ii)   proceedings for a Commonwealth offence against that person; or

  (c)   for the purpose of an investigation by the Information Commissioner of the Commonwealth or the Commonwealth Ombudsman; or

  (d)   if the person to whom the age determination information relates consents in writing to the disclosure.

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