Section 3ZZHA — Crimes Act 1914: Unauthorised disclosure of information

(1) A person commits an offence if: (a) the person discloses information; and (b) the information relates to: (i) an application for a delayed notification search warrant; or (ii) the execution of a delayed notification search warrant; or (iii) a report under section 3ZZFA in relation to a delayed notification search warrant; or (iv) a warrant premises occupier’s notice or an adjoining premises occupier’s notice prepared in relation to a delayed notification search warrant. Penalty: Imprisonment for 2 years. (2) Each of the following is an exception to the offence created by subsection (1): (a) the disclosure is in connection with the administration or execution of this Part; (aa) the disclosure is for the purposes of obtaining or providing legal advice related to this Part; (b) the disclosure is for the purposes of any legal proceeding arising out of or otherwise related to this Part or of any report of any such proceedings; (c) the disclosure is in accordance with any requirement imposed by law; (d) the disclosure is for the purposes of: (i) the performance of duties or functions or the exercise of powers under or in relation to this Part; or (ii) the performance of duties or functions or the exercise of powers by a law enforcement officer, an officer of the Australian Security Intelligence Organisation, a staff member of the Australian Secret Intelligence Service or a person seconded to either of those bodies; (da) the disclosure is made by anyone to the Ombudsman, a Deputy Commonwealth Ombudsman or a member of the Ombudsman’s staff (whether in connection with the exercise of powers or performance of functions under Division 7, in connection with a complaint made to the Ombudsman or in any other circumstances); (db) the disclosure is made for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; (e) the disclosure is made after a warrant premises occupier’s notice or an adjoining premises occupier’s notice has been given in relation to the warrant; (f) the disclosure is made after a direction has been given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant. 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.