Western Australian Numbered Acts Western Australian Numbered Acts Section 81 is repealed
and the following section is inserted instead —
“
81. Disclosing official secrets
(1) In this
section —
"disclosure" includes —
(a) any
publication or communication; and
(b) in
relation to information in a record, parting with possession of the record;
"government contractor" means a person who is not
employed in the Public Service but who provides, or is employed in the
provision of, goods or services for the purposes of —
(a) the
State of Western Australia;
(b) the
Public Service; or
(c) the
Police Force of Western Australia;
"information" includes false information, opinions
and reports of conversations;
"official information" means information, whether
in a record or not, that comes to the knowledge of, or into the possession of,
a person because the person is a public servant or government contractor;
"public servant" means a person employed in the
Public Service;
"unauthorised disclosure" means —
(a) the
disclosure by a person who is a public servant or government contractor of
official information in circumstances where the person is under a duty not to
make the disclosure; or
(b) the
disclosure by a person who has been a public servant or government contractor
of official information in circumstances where, were the person still a
public servant or government contractor, the person would be under a duty not
to make the disclosure.
(2) A person who,
without lawful authority, makes an unauthorised disclosure is guilty of a
crime and is liable to imprisonment for 3 years.
Summary conviction penalty: imprisonment for one
year or a fine of $4 000.
”.