Intelligence and Security Act 2017

If you need more information about this Act, please contact the administering agency: Department of the Prime Minister and Cabinet
191 Offence to publish information relating to inquiry

(1)

A person commits an offence if the person, without the written consent of the relevant Minister, publishes or broadcasts, or causes to be published or broadcast, or otherwise distributes or discloses,—

(a)

any complaint that is before the Inspector-General; or

(b)

any decision of the Inspector-General relating to a complaint or an inquiry; or

(c)

any report or account of any inquiry conducted by the Inspector-General; or

(d)

any decision of the relevant Minister relating to a complaint or an inquiry.

(2)

Subsection (1) does not apply to the publication, broadcast, distribution, or disclosure of—

(a)

advice provided to a complainant by the Inspector-General under section 185(5); or

(b)

a report made publicly available by the Inspector-General under section 188(1) or 222(7); or

(c)

any material that the Inspector-General has approved for release (the approval being given in writing after the Inspector-General has consulted, in relation to security requirements, the Director-General of the intelligence and security agency to which the inquiry or complaint relates); or

(d)

the fact only that an inquiry has been conducted by the Inspector-General.

(3)

A person who commits an offence against this section is liable on conviction to—

(a)

a term of imprisonment not exceeding 2 years; or

(b)

a fine not exceeding $10,000.

(4)

A prosecution for an offence under this section may not be commenced without the leave of the Attorney-General.

(5)

Nothing in this section restricts—

(a)

the communication of proceedings in Parliament; or

(b)

the reporting of proceedings in Parliament.

(6)

In this section,—

communication has the meaning given to it by section 5(1) of the Parliamentary Privilege Act 2014

proceedings in Parliament has the meaning given to it by section 10 of the Parliamentary Privilege Act 2014

relevant Minister means the Minister responsible for the intelligence and security agency to which the complaint or inquiry relates.

Compare: 1996 No 47 s 29