CRIMINAL CODE 1899 - SECT 86
Obtaining of or disclosure of secret information about the identity of informant
CRIMINAL CODE 1899 - SECT 86
Obtaining of or disclosure of secret information about the identity of informant
86 Obtaining of or disclosure of secret information about the identity of
informant
(1) A person who, without lawful justification or excuse, obtains or attempts
to obtain secret information in the possession of a law enforcement agency or
law enforcement officer about the identity of a
criminal organisation informant commits a crime.
Penalty—
Maximum
penalty—10 years imprisonment.
(2) A person who, without lawful
justification or excuse, publishes or communicates secret information in the
possession of, or obtained from, a law enforcement agency or law enforcement
officer about the identity of a criminal organisation informant commits a
crime.
Penalty—
Maximum penalty—10 years imprisonment.
(3) In this
section—
"criminal intelligence" means information relating to actual or suspected
criminal activity (including information the commissioner has obtained through
the police service or from an external agency), whether in the State or
elsewhere, the disclosure of which could reasonably be expected to—
(a)
prejudice a criminal investigation; or
(b) enable the discovery of the
existence or identity of a confidential source of information relevant to law
enforcement; or
(c) endanger a person’s life or physical safety.
"criminal organisation informant" means any of the following—
(e) an
officer of another State with powers and functions substantially corresponding
to the powers and functions of the chief executive (corrective services) under
the Corrective Services Act 2006;
(f) another entity—
(i) established
under a law of another jurisdiction, including a jurisdiction outside
Australia; and
(ii) with functions that include investigating or inquiring
into criminal conduct, misconduct or corruption (whether or not the functions
are stated in the law mentioned in subparagraph (i) ); and
"officer" , of an external agency, includes a person employed by the agency,
seconded to the agency or engaged by the agency under a contract for services.
"secret information" , in the possession of a law enforcement agency or law
enforcement officer, means information it is the duty of the agency or officer
to keep secret.