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CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - SECT 28T Unlawful disclosure of criminal intelligence or information in informant affidavit

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - SECT 28T

Unlawful disclosure of criminal intelligence or information in informant affidavit

28T Unlawful disclosure of criminal intelligence or information in informant affidavit

(1) This section applies to any of the following:
(a) information that is or has ever been the subject of a criminal intelligence application,
(b) information contained in an informant affidavit,
(c) declared criminal intelligence, the declaration for which has not been revoked.
(2) A person must not disclose the information or intelligence unless the disclosure is:
(a) made with lawful authority or excuse, or
(b) made only to the extent necessary to perform the person's functions under or relating to this Act, or
(c) if the information is in an informant affidavit--by the informant the subject of the affidavit.
Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.
(3) It is a defence to an offence against subsection (2) for the defendant to prove:
(a) the information or intelligence was publicly available when the disclosure was made, or
(b) that when the disclosure was made the defendant had an honest and reasonable but mistaken belief that the information or intelligence was not criminal intelligence.
(4) For the purposes of subsection (3) (b), it is not reasonable for the defendant to hold the belief if the defendant received a warning by the Court under this Part for the information or intelligence.