EVIDENCE ACT 1929 - SECT 67J

EVIDENCE ACT 1929 - SECT 67J

67J—Improper dissemination of sensitive material

        (1)         A person who creates sensitive material for a prosecuting authority, or who obtains possession of sensitive material on behalf of or from a prosecuting authority, in connection with a criminal investigation, or criminal or civil proceedings, must not allow access to the material except—

            (a)         for the legitimate purposes of the investigation or proceedings; or

            (b)         as may be authorised by the prosecuting authority.

Maximum penalty: $8 000 or imprisonment for 2 years or both.

        (2)         A public official who creates, or obtains possession of, sensitive material in connection with official functions must not allow access to the material except as reasonably required for purposes connected with his or her official functions (which may include functions relating to education or training).

Maximum penalty: $8 000 or imprisonment for 2 years or both.

        (3)         In proceedings for an offence against subsection (1) or (2), it is a defence to prove that the act or omission constituting the offence was attributable to an honest and reasonable mistake on the defendant's part.