Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person uses or discloses investigation material (whether or not the person is the first to do so); and
(b) the use or disclosure contravenes a direction under section 100; and
(c) the use or disclosure is not authorised by or under this Act.
Penalty: Imprisonment for 2 years.
(2) Strict liability applies to paragraph (1)(c).
(2A) Subsection (1) does not apply in relation to the disclosure of investigation material by the witness:
(a) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the corruption investigation to which the investigation material relates; or
(b) to a legal aid officer for the purpose of seeking assistance in relation to the investigation; or
(c) to a medical practitioner or psychologist for the purpose of obtaining medical or psychiatric care, treatment or counselling (including psychological counselling).
Note: A defendant bears an evidential burden in relation to the matters in subsection (2A): see subsection 13.3(3) of the Criminal Code .
(2B) Subsection (1) does not apply to the use or disclosure of investigation material by a legal practitioner for the purpose of:
(a) obtaining the agreement of a person as mentioned in subsection 115(3) to the legal practitioner disclosing advice or a communication; or
(b) giving legal advice to, or making representations on behalf of, the witness.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2B): see subsection 13.3(3) of the Criminal Code .
(3) Subsection (1) has effect despite section 32AC of the Inspector - General of Intelligence and Security Act 1986 .