Commonwealth Consolidated Acts Commonwealth Consolidated ActsDisclosures by entrusted persons
(1) A person commits an offence if:
(a) the person is, or has been, an entrusted person; and
(b) information came to the knowledge or into the possession of the person in the person's capacity as an entrusted person; and
(c) the person discloses the information; and
(d) the information relates to a special intelligence operation.
Penalty: Imprisonment for 5 years.
Note: Recklessness is the fault element for paragraphs (1)(b) and (d)--see section 5.6 of the Criminal Code .
(1A) Strict liability applies to paragraph (1)(a).
Note: For strict liability, see section 6.1 of the Criminal Code .
(1B) A person commits an offence if:
(a) the person is, or has been, an entrusted person; and
(b) information came to the knowledge or into the possession of the person in the person's capacity as an entrusted person; and
(c) the person discloses the information; and
(d) the information relates to a special intelligence operation; and
(e) either or both of the following subparagraphs apply:
(i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation;
(ii) the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.
Penalty: Imprisonment for 10 years.
Note: Recklessness is the fault element for paragraphs (1B)(b) and (d) and subparagraph (1B)(e)(ii)--see section 5.6 of the Criminal Code .
(1C) Strict liability applies to paragraph (1B)(a).
Note: For strict liability, see section 6.1 of the Criminal Code .
(2) A person commits an offence if:
(a) the person discloses information; and
(b) the information relates to a special intelligence operation; and
(c) the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.
Penalty: Imprisonment for 5 years.
Note: Recklessness is the fault element for paragraphs (2)(b) and (c)--see section 5.6 of the Criminal Code .
(2A) A person commits an offence if:
(a) the person discloses information; and
(b) the information relates to a special intelligence operation; and
(c) either or both of the following subparagraphs apply:
(i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation;
(ii) the person knows that the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.
Penalty: Imprisonment for 10 years.
Note: Recklessness is the fault element for paragraph (2A)(b)--see section 5.6 of the Criminal Code .
(3) Subsections (1) to (2A) do not apply if the disclosure was:
(a) in connection with the administration or execution of this Division; or
(b) for the purposes of any legal proceedings arising out of or otherwise related to this Division or of any report of any such proceedings; or
(c) in accordance with any requirement imposed by law; or
(d) in connection with the performance of functions or duties, or the exercise of powers, of the Organisation; or
(e) for the purpose of obtaining legal advice in relation to the special intelligence operation; or
(f) to an IGIS official for the purpose of exercising powers, or performing functions or duties, as an IGIS official; or
(g) by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(3A) Subsections (2) and (2A) do not apply to a person disclosing information if:
(a) the information has already been communicated, or made available, to the public (the prior publication ); and
(b) the person was not involved in the prior publication (whether directly or indirectly); and
(c) at the time of the disclosure, the person believes that the disclosure:
(i) will not endanger the health or safety of any person; and
(ii) will not prejudice the effective conduct of a special intelligence operation; and
(d) having regard to the nature, extent and place of the prior publication, the person has reasonable grounds for that belief.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3A)--see subsection 13.3(3) of the Criminal Code .
Extended geographical jurisdiction
(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection (1), (1B), (2) or (2A).
(5) Subsection (4) does not, by implication, affect the
interpretation of any other provision of this Act.