Intelligence and Security Bill

  • enacted


177 Duty of confidentiality


This section applies to any person who is, or has at any time been,—


appointed as—




Deputy Inspector-General:


Director-General of Security:


Director-General of the Government Communications Security Bureau:


a member of the advisory panel:


a person assisting the Inspector-General:


a reviewer:


employed or engaged by—


the Inspector-General:


the Director-General of Security:


the Director-General of the Government Communications Security Bureau.


Unless otherwise authorised by a Minister responsible for an intelligence and security agency, a person—


must keep confidential all information that comes to his or her knowledge in the performance or exercise of his or her functions, duties, and powers; and


must not make a record of or use or disclose that information except for the purpose of carrying out his or her functions or duties under, or for the purpose of giving effect to, this Act.


A person who contravenes subsection (2) commits an offence and is liable on conviction to—


a term of imprisonment not exceeding 2 years; or


a fine not exceeding $10,000.


The leave of the Attorney-General must be obtained before an offence against subsection (2) is prosecuted.


A person to whom this section applies is an official for the purposes of sections 105 and 105A of the Crimes Act 1961.


In this section, reviewer means a reviewer appointed under section 194(1).

Compare: 1969 No 24 s 12A; 1996 No 46 s 19; 1996 No 47 s 28; 2003 No 9 s 11; 2004 No 38 s 19