Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 30E

Prohibition on use, communication or publication of protected information

30E. Prohibition on use, communication or publication of protected information



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

   (a)  the person intentionally, knowingly or recklessly uses, communicates
        or publishes any information; and

   (b)  the person knows that, or is reckless as to whether, the information
        is protected information; and

   (c)  the person knows that, or is reckless as to whether, the use,
        communication or publication of the information is not permitted by
        this Division.

Penalty: In the case of a natural person, level 7 imprisonment (2 years
maximum) or a level 7 fine (240 penalty units maximum) or both; In the case of
a body corporate, 1200 penalty units.

(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 investigation into an offence; 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 investigation
        into an offence. Penalty: In the case of a natural person, level 5
        imprisonment (10 years maximum) or a level 5 fine (1200 penalty units
        maximum) or both; In the case of a body corporate, 6000 penalty units.

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

(4) Subsections (1) and (2) do not apply to-

   (a)  the use, communication or publication of-

   (i)  any information that has been disclosed in proceedings in open court;
        or

   (ii) any information that has entered the public domain; or

   (b)  the use or communication of protected information by a person who
        believes on reasonable grounds that the use or communication is
        necessary to help prevent or reduce the risk of serious violence to a
        person or substantial damage to property; or

   (c)  the communication to the Director-General (within the meaning of the
        Australian Security Intelligence Organisation Act 1979 of the
        Commonwealth) of protected information that relates or appears to
        relate to activities prejudicial to security (within the meaning of
        that Act); or

   (d)  the use or communication of information referred to in paragraph (c)
        by an officer of the Australian Security Intelligence Organisation in
        the performance of his or her official functions; or

   (e)  the use or communication of information to a foreign country or an
        appropriate authority of a foreign country in accordance with the
        Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth.

(5) Subsection (4)(c) and (d) do not authorise the use, communication or
publication of protected information in respect of an emergency authorisation
or corresponding emergency authorisation unless the use of powers under that
authorisation has been approved under section 30 or the provisions of a
corresponding law that correspond to section 30.