Commonwealth Consolidated Acts Commonwealth Consolidated ActsCommissioners, staff members and consultants
(1) A person commits an offence if:
(a) the person is, or has been, a Commissioner, staff member or consultant; and
(b) the person makes a record of information; and
(c) the information is restricted information.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person is, or has been, a Commissioner, staff member or consultant; and
(b) the person discloses information to any person or to a court; and
(c) the information is restricted information.
Penalty: Imprisonment for 2 years.
Non - staff members
(3) A person who has, or had, access to restricted information under section 62 must not:
(a) make a record of the information; or
(b) disclose the information to any person or to a court.
Penalty: Imprisonment for 2 years.
Defences
(4) Subsection (1), (2) or (3) does not apply to:
(a) anything done by a person in performing functions or exercising powers under, or in connection with, this Act or the regulations; or
(b) disclosure to a court in criminal proceedings for an offence against this Act; or
(c) disclosure to a court in civil proceedings where:
(i) the ATSB issues a certificate under subsection (5); and
(ii) the court makes an order under subsection (6).
Note: A defendant bears an evidential burden in relation to a matter in subsection (4). See subsection 13.3(3) of the Criminal Code .
Certificate
(5) The ATSB may issue a certificate in relation to restricted information, stating that the disclosure of the information is not likely to interfere with any investigation.
(6) If the court is satisfied that any adverse domestic and international impact that the disclosure of the information might have on any current or future investigations is outweighed by the public interest in the administration of justice, the court may order such disclosure.
(7) The court may direct that the restricted information, or any information obtained from the restricted information, must not:
(a) be published or communicated to any person; or
(b) be published or communicated except in such manner, and to such persons, as the court specifies.
(8) If a person is prohibited by this section from disclosing restricted information, then:
(a) the person cannot be required by a court to disclose the information; and
(b) any information disclosed by the person in contravention of this section is not admissible in any civil or criminal proceedings (other than proceedings against the person under this section).