(1)

A person commits an offence if:

(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.

(2)

A person commits an offence if:

(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.

(3)

Subject to subsections (4) and (5), protected information may not be admitted in evidence in any proceedings.

(4)

Subsections (1), (2) and (3) do not apply to:

(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

(5)

Protected information may be used, recorded, communicated or published, or may be admitted in evidence, if it is necessary to do so for any of the following purposes:

(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.

(6)

Paragraphs (4)(f) and (5)(a), (b) and (c) do not authorise:

(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.

(7)

If protected information obtained through the use of a surveillance device by a law enforcement officer of a particular law enforcement agency (the originating agency ):

(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.

(8)

A reference in subsection (5) to a relevant offence is a reference to any relevant offence, whether or not the offence in respect of which the relevant warrant or emergency authorisation was issued or given.

(9)

In this section: