Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A person commits an offence if the person uses or discloses to someone else surveillance information in a covert surveillance record.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply if the person did not know, and had no reasonable grounds to know, that the surveillance information was, or was part of, a covert surveillance record.
(3) Also, subsection (1) does not apply if the person uses or discloses the information for 1 or more of the following purposes:
(a) use or disclosure under the conditions of the covert surveillance authority or an order of the Magistrates Court under section 38;
(b) use or disclosure for a purpose that is directly or indirectly related to establishing whether or not a worker is engaged in unlawful activity while at work for the employer under the covert surveillance authority;
(c) use or disclosure for a purpose that is directly or indirectly related to a disciplinary or legal proceeding against a worker as a consequence of any alleged unlawful activity while at work for the employer;
(d) use or disclosure for a purpose that is directly or indirectly related to establishing security arrangements or taking other measures to prevent or minimise the opportunity for unlawful activity while at work for the employer of a kind identified by the covert surveillance record to occur while at work for the employer;
(e) use or disclosure that is reasonably believed to be necessary to avoid an imminent risk of death of, or serious injury to, someone or substantial damage to property;
(f) disclosure to a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence;
(g) use by a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence;
(h) use or disclosure for a purpose that is directly or indirectly related to the taking of proceedings for an offence;
(i) use or disclosure for a purpose that is directly or indirectly related to taking any other action under this Act.
(4) Also, if the covert surveillance record results from covert surveillance conducted other than under a covert surveillance authority, subsection (1) does not apply if the person uses or discloses the information for 1 or more of the following purposes:
(a) disclosure to a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence;
(b) use or disclosure for a purpose that is directly or indirectly related to the taking of proceedings for an offence;
(c) use by a member of a law enforcement agency for any purpose in connection with the detection, investigation or prosecution of an offence;
(d) if the covert surveillance was in relation to a worker of a law enforcement agency—
(i) disclosure to a member or officer of a law enforcement agency for use in connection with disciplinary or managerial action or legal proceedings against the worker as a consequence of any alleged misconduct (other than an unlawful activity) or unsatisfactory performance of the worker; or
(ii) use or disclosure for a purpose that is directly or indirectly related to the taking of disciplinary or managerial action or legal proceedings; or
(iii) disclosure to a member or officer of a law enforcement agency for use in connection with the training of law enforcement members or officers.
Note The person has an evidential burden in relation to the matters mentioned in s (2), (3) and (4) (see Criminal Code, s 58).