AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40ZA Secrecy

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40ZA

  (1)   This section applies to a person (other than an AFP appointee or the Ombudsman) who conducts:

  (a)   an investigation of a category 3 conduct issue or a corruption issue under Subdivision   D of Division   3; or

  (b)   an inquiry under Division   4.

Note 1:   AFP appointees are covered by the confidentiality requirements of section   60A.

Note 2:   The Ombudsman is covered by the confidentiality requirements of section   35 of the Ombudsman Act 1976 .

  (2)   A person who is, or has been, a person to whom this section applies commits an offence if:

  (a)   the person (either directly or indirectly and either while he or she is, or after he or she has ceased to be, a person to whom this section applies):

  (i)   makes a record of information; or

  (ii)   divulges or communicates information; and

  (b)   the information was given to, or obtained by, the person in the course of, or for the purposes of, the investigation or inquiry.

Penalty:   30 penalty units.

  (3)   Subsection   (2) has effect subject to subsections   (4), (5), (6) and (6A).

  (4)   Subsection   (2) does not prevent a person who is, or has been, a person to whom this section applies from making a record of, or divulging or communicating, information for the purposes of the investigation or inquiry.

  (5)   Subsection   (2) does not prevent a person who is, or has been, a person to whom this section applies from making a record of, or divulging or communicating, information with the written consent of the appropriate person.

  (6)   Subsection   (2) does not prevent a person from producing a record, or giving information, in evidence before a court.

  (6A)   Subsection   (2) does not prevent a person from making a record of, or divulging or communicating, information for the purpose of an IGIS official exercising powers, or performing functions or duties, as an IGIS official.

  (7)   For the purposes of this section, the appropriate person is:

  (a)   the Minister in relation to a person who is conducting, or has conducted, an inquiry under Division   4; and

  (b)   the Commissioner in relation to any other person to whom this section applies.