(a) the person uses, records, communicates or publishes any information; and
(b) the information is protected information; and
(c) the use, recording, communication or publication of the information is
not permitted by this section.
Penalty: Imprisonment for 2 years.
(a) the person uses, records, communicates or publishes any information; and
(b) the information is protected information; and
(c) the use, recording, communication or publication of the information is
not permitted by this section; and
(d) the use, recording, communication or publication of the information,
endangers the health or safety of any person or prejudices the
effective conduct of an investigation into a relevant offence.
Penalty: Imprisonment for 10 years.
(a) the use, recording, communication or publication of any information that
has been disclosed in proceedings in open court lawfully; 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 protected
information that relates or appears to relate to any matter within the
functions of that organisation; or
(d) the communication to the agency head (within the meaning of the
Intelligence Services Act 2001 ) of an agency (within the meaning of
that Act) of protected information that relates or appears to relate
to any matter within the functions of that agency; or
(e) the use, recording or communication of:
(i) protected information referred to in paragraph (c)by an
officer or employee of the Australian Security Intelligence
Organisation; or
(ii) protected information referred to in paragraph (d)by a
staff member (within the meaning of the Intelligence Services Act 2001
) of an agency (within the meaning of that Act);
in the performance of his or her official functions; or
(f) the communication of information to a foreign country or an
appropriate authority of a foreign country, or the use of information
so communicated, in accordance with the
Mutual Assistance in Criminal Matters Act 1987 , if that communication
or use relates to the investigation of an offence or the conduct of
proceedings in respect of an offence against a law of that foreign
country that is punishable by a maximum term of imprisonment of 3
years or more, by imprisonment for life or by the death penalty; or
(a) the investigation of a relevant offence (including a State or Territory
relevant offence but not including a relevant offence referred to in
paragraph (d) or (i)) or the making of a report on the outcome of such an
investigation;
(b) the making of a decision whether or not to bring a prosecution for a
relevant offence (including a State or Territory relevant offence but
not including a relevant offence referred to in paragraph (d) or
(i));
(c) a relevant proceeding (including
State or Territory relevant proceedings but not including a
relevant proceeding in respect of a relevant offence referred to in
paragraph (d) or (i));
(d) an investigation of a complaint against, or into the conduct of, a
public officer within the meaning of this Act and also any subsequent
investigation or prosecution of a relevant offence arising directly
from the investigation of the complaint, or into the conduct;
(e) the making of a decision in relation to the appointment, term of
appointment, termination of the appointment, or retirement, of a
person referred to in paragraph (d);
(f) the keeping of records and the making of reports by a law enforcement
agency under Division 2;
(g) an inspection by the Ombudsman under section 55;
(h) the performance of any function of the public interest monitor under
either the Crime and Misconduct Act 2001 of Queensland or the Police
Powers and Responsibilities Act 2000 of Queensland or under both of
those Acts with respect to ensuring compliance with either of those
Acts or with this Act;
(i) an investigation under the Privacy Act 1988 or any other law of the
Commonwealth concerning the privacy of personal information and also
any subsequent investigation or prosecution of a relevant offence
arising directly from that first-mentioned investigation.
(a) the use, recording, communication or publication of information of the
kind referred to in paragraph (d) of the definition of protected
information in section 44; or
(b) the giving in evidence of protected information of the kind referred
to in paragraph (d) of that definition;
regardless of whether that information is also information of the kind referred to in paragraph (b) or (c) of that definition.
(a) is communicated to another law enforcement agency (by communicating it to
the chief officer or another officer of that agency); or
(b) is communicated to any agency that is not a law enforcement agency
(other than the Australian Security Intelligence Organisation and the
agencies within the meaning if the Intelligence Services Act 2001 )
(by communicating it to the officer in charge of that agency or to
another officer of that agency);
for a particular purpose, the protected information that has been so communicated:
(c) may be
communicated from one officer to another within that agency or
organisation for that purpose only; and
(d) must not, except for the purpose of bringing a relevant proceeding, or
a State or Territory relevant proceeding, be communicated to any
person who is not a member of that agency or organisation.
(a) the prosecution of a State or Territory relevant offence; or
(b) a proceeding for the confiscation, forfeiture or restraint of
property, or for the imposition of a pecuniary penalty, in relation to
a State or Territory relevant offence; or
(c) a proceeding for the protection of a child or an intellectually
impaired person; or
(d) a disciplinary offence against a public officer; or
(e) a coronial inquest or inquiry if, in the opinion of the coroner, the
event that is the subject of the inquest or inquiry may have resulted
from the commission of a State or Territory relevant offence; or
(f) a proceeding by way of a bail application that relates to a proceeding
by way of a prosecution for a State or Territory relevant offence; or
(g) a proceeding for a review of a decision to refuse such a bail
application; or
(h) a proceeding for a review of a decision to grant such a bail
application.