Commonwealth Numbered Acts

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 No. 101 of 1986 - SECT 34

34. (1) A person who is, or has at any time been, the Inspector-General or a
member of the staff of the Inspector-General or who is acting, or has at any
time acted, as the Inspector-General or as a member of the staff of the
Inspector-General shall not, either directly or indirectly, except in the
performance of his or her functions or duties or in the exercise of his or her
powers under this Act-

   (a)  make a record of, or divulge or communicate to any person, any
        information acquired by reason of the person holding, or acting in,
        that office; or

   (b)  make use of any such information.
Penalty: $5,000 or imprisonment for 2 years, or both.

(2) An offence against sub-section (1) is an indictable offence.

(3) Notwithstanding that an offence against sub-section (1) is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if the court is satisfied that it is appropriate to
do so and the defendant and the prosecutor consent.

(4) Where, in accordance with sub-section (3), a court of summary jurisdiction
convicts a person of an offence against sub-section (1), the penalty that the
court may impose is a fine not exceeding $2,000 or imprisonment for a period
not exceeding one year, or both.

(5) A person who is, or has at any time been, the Inspector-General or a
member of the staff of the Inspector-General or who is acting, or has at any
time acted, as the Inspector-General or as a member of the staff of the
Inspector-General shall not be required to produce in a court any document of
which the person has custody, or to which the person has access, by reason of
the person's office or employment under or for the purposes of this Act, or to
divulge or communicate to a court any information obtained by the person by
reason of that office or employment, except where it is necessary to do so for
the purposes of this Act.

(6) In this section-

"court" includes any tribunal, authority or person having power to require the
production of documents or the answering of questions;

"produce" includes permit access to.

(7) A reference in this section to information or a document shall be read as
a reference to information or a document supplied for the purposes of this
Act.