Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 93AA

93AA Unauthorised possession of, or dealing in, s 93A criminal statements or section 93A transcripts

(1) A person commits an offence if the person—

(a) possesses a section 93A criminal statement or section 93A transcript; or

(b) supplies, or offers to supply, a section 93A criminal statement or section 93A transcript to another person; or

(c) copies, or permits another person to copy, a section 93A criminal statement or section 93A transcript.

Penalty—

Maximum penalty—

(a) for an individual—100 penalty units or 2 years imprisonment; or

(b) for a corporation—1,000 penalty units.

(2) However, a person may do something mentioned in subsection (1) —

(a) for a legitimate purpose related to the proceeding for which the section 93A criminal statement or section 93A transcript was made or another proceeding; or

(b) if the person is required or permitted to do the thing under an employment-screening Act, other than to the extent stated in subsection (3) ; or

(ba) if the person is the victims’ commissioner under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 9 (a) of that Act; or

(c) if the person is permitted to do the thing under section 93AB .

(3) For subsection (2) (b) , a person, for the purpose of making an employment-screening decision—

(a) must not supply, or offer to supply, a section 93A transcript to the employment-screening applicant for the decision; but

(b) may supply, or offer to supply, a summary of a section 93A transcript to the employment-screening applicant for the decision.