CRIMES ACT 1914 SECT 3ZQJ

(1)

A person is guilty of an offence if:

(a)

the person's conduct causes the disclosure of age determination information other than as provided by this section; and

(b)

the person is reckless as to any such disclosure.

Penalty: Imprisonment for 2 years.

(2)

A person may only disclose age determination information:

(a)

for a purpose related to establishing and complying with the rules governing:

(i)

the detention of the person to whom the age determination information relates; or

(ii)

the investigation of a Commonwealth offence by that person; or

(iii)

the institution of criminal proceedings against that person for a Commonwealth offence; or

(b)

for a purpose related to the conduct of:

(i)

the investigation of the person to whom the age determination information relates for a Commonwealth offence; or

(ii)

proceedings for a Commonwealth offence against that person; or

(c)

for the purpose of an investigation by the Privacy Commissioner of the Commonwealth or the Commonwealth Ombudsman; or

(d)

if the person to whom the age determination information relates consents in writing to the disclosure.

Note: A defendant bears an evidential burden in relation to the matters referred to in subsection (2)—see subsection 13.3(3) of the Criminal Code .