Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 36

Unauthorised disclosure of information

36. Unauthorised disclosure of information



(1) A person is guilty of an offence if-

   (a)  the person intentionally, knowingly or recklessly discloses any
        information; and

   (b)  the person knows that, or is reckless as to whether, the information
        relates to an authorised operation or a corresponding authorised
        operation; and

   (c)  the person knows that, or is reckless as to whether, the disclosure is
        not made-

   (i)  in connection with the administration or execution of this Act or a
        corresponding law; or

   (ii) for the purposes of any legal proceeding arising out of or otherwise
        related to this Act or a corresponding law or of any report of any
        such proceedings; or

   (iii) in accordance with any requirement imposed by law; or

   (iv) in accordance with Part IVA of the Police Regulation Act 1958, the
        Police Integrity Act 2008 or Part 5 or 6 of the
        Information Privacy Act 2000. Penalty: Imprisonment for 2 years.



(2) A person is guilty of an offence against this subsection if the person
commits an offence against subsection (1) in circumstances in which the
person-

   (a)  intends to endanger the health or safety of any person or prejudice
        the effective conduct of an authorised operation or a corresponding
        authorised operation; or

   (b)  knows that, or is reckless as to whether, the disclosure of the
        information-

   (i)  endangers or will endanger the health or safety of any person; or

   (ii) prejudices or will prejudice the effective conduct of an authorised
        operation or a corresponding authorised operation. Penalty:
        Imprisonment for 10 years.

(3) An offence against subsection (2) is an indictable offence.

Division 2-Reporting and record-keeping