Section 15JQ — Crimes Act 1914: Integrity testing operations—disclosure

Disclosure—offence (1) A person commits an offence if: (a) the person discloses information; and (b) the information relates to an integrity testing operation. Penalty: Imprisonment for 2 years. Exception—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) to an authority of the Commonwealth, a State or a Territory, if the disclosure relates to the misconduct of an employee or officer of the authority; 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. 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 subsections (2) and (3)—see subsection 13.3(3) of the Criminal Code. Exception—IGIS officials (4) Subsection (1) does not apply if the person discloses the information to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official. Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector-General of Intelligence and Security Act 1986.