• Specific Year
    Any

NARCOTIC DRUGS ACT 1967 - SECT 14MA Secrecy--unauthorised disclosures of sensitive law enforcement information

NARCOTIC DRUGS ACT 1967 - SECT 14MA

Secrecy--unauthorised disclosures of sensitive law enforcement information

  (1)   A person commits an offence if:

  (a)   the person has information obtained in connection with the performance of a function, or the exercise of a power, by the person under this Act; and

  (b)   the information is information identified as sensitive law enforcement information under subsection   14LA(1) or (2); and

  (c)   the person:

  (i)   discloses the information to another person; or

  (ii)   uses the information.

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

  (2)   Subsection   ( 1) does not apply if:

  (a)   the disclosure or use by the person is for the purposes of, or in connection with, the performance of a function or the exercise of a power under this Act; or

  (b)   the disclosure or use by the person is in compliance with a requirement under a law of the Commonwealth; or

  (c)   the person or agency that gave the information to the Secretary consents to the disclosure or use; or

  (d)   the disclosure or use is required by a court or tribunal for the purposes of, or in connection with, proceedings for the purposes of giving effect to this Act or another law of the Commonwealth; or

  (e)   the information, or a document or advice that included the information, was given to the Secretary by a person or an agency under section   14K or 14L, and the use or disclosure is by that person or that agency.

Note:   A defendant bears an evidential burden in relation to a matter in subsection   ( 2) (see subsection   13.3(3) of the Criminal Code ).