Australian Capital Territory Numbered Acts

CRIMES (ASSUMED IDENTITIES) ACT 2009 (NO. 33 OF 2009) - SECT 37

    (1)     A person commits an offence if—

        (a)     the person discloses information; and

        (b)     the information reveals, or is likely to reveal, that an assumed identity acquired or used by someone else is not the other person's real identity; and

        (c)     the person knows that the information reveals, or is likely to reveal, that an assumed identity acquired or used by someone else is not the other person's real identity; and

        (d)     the disclosure is not made—

              (i)     in connection with the administration or execution of this Act or a corresponding law; or

              (ii)     for the purposes of any legal proceeding arising out of or otherwise related to this Act or a corresponding law or of any report of any such proceeding; or

              (iii)     in accordance with any requirement imposed by law; and

        (e)     the person is reckless about whether the disclosure is not made as mentioned in paragraph (d).

Maximum penalty: imprisonment for 2 years.

    (2)     A person commits an offence if—

        (a)     the person discloses information; and

        (b)     the information reveals, or is likely to reveal, that an assumed identity acquired or used by someone else is not the other person's real identity; and

        (c)     the person is reckless about whether the information reveals, or is likely to reveal, that an assumed identity acquired or used by someone else is not the other person's real identity; and

        (d)     the disclosure is not made—

              (i)     in connection with the administration or execution of this Act or a corresponding law; or

              (ii)     for the purposes of any legal proceeding arising out of or otherwise related to this Act or a corresponding law or of any report of any such proceeding; or

              (iii)     in accordance with any requirement imposed by law; and

        (e)     the person is reckless about whether the disclosure is not made as mentioned in paragraph (d).

Maximum penalty: imprisonment for 2 years.

    (3)     A person commits an offence if the person commits an offence against subsection (1) or (2) in circumstances in which the person—

        (a)     intends to endanger the health or safety of anyone; or

        (b)     is reckless about whether the disclosure of the information endangers or will endanger the health or safety of anyone.

Maximum penalty: imprisonment for 10 years.

    (4)     A person commits an offence if the person commits an offence against subsection (1) or (2) in circumstances in which the person––

        (a)     intends to prejudice the effective conduct of an investigation or intelligence-gathering in relation to criminal activity; or

        (b)     is reckless about whether the disclosure of the information prejudices or will prejudice the effective conduct of investigation or intelligence-gathering in relation to criminal activity.

Maximum penalty: imprisonment for 10 years.