Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:2_6:p6
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 6/12)
Character Range: 96096–98951

relation to any communication of information that occurs after the end of 5 years after this section commences.

122.4A  Communicating and dealing with information by non‑Commonwealth officers etc.

Communication of information
 (1) A person commits an offence if:
 (a) the person communicates information; and
 (b) the information was not made or obtained by the person by reason of the person being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and
 (c) the information was made or obtained by another person by reason of that other person being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and
 (d) any one or more of the following applies:
 (i) the information has a security classification of secret or top secret;
 (ii) the communication of the information damages the security or defence of Australia;
 (iii) the communication of the information interferes with or prejudices the prevention, detection, investigation, prosecution or punishment of a criminal offence against a law of the Commonwealth;
 (iv) the communication of the information harms or prejudices the health or safety of the Australian public or a section of the Australian public.
Note 1: For exceptions to the offences in this section, see section 122.5.
Note 2: The fault elements for this offence are intention for paragraph (1)(a) and recklessness for paragraphs (1)(b) to (d) (see section 5.6).
Penalty: Imprisonment for 5 years.

Other dealings with information
 (2) A person commits an offence if:
 (a) the person deals with information (other than by communicating it); and
 (b) the information was not made or obtained by the person by reason of the person being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and
 (c) the information was made or obtained by another person by reason of that other person being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and
 (d) any one or more of the following applies:
 (i) the information has a security classification of secret or top secret;
 (ii) the dealing with the information damages the security or defence of Australia;
 (iii) the dealing with the information interferes with or prejudices the prevention, detection, investigation, prosecution or punishment of a criminal offence against of a law of the Commonwealth;
 (iv) the dealing with the information harms or prejudices the health or safety of the Australian public or a section of the Australian public.
Note: The fault elements for this offence are intention for paragraph (2)(a) and recklessness for paragraphs (2)(b) to (d) (see section 5.6).
Penalty: Imprisonment for 2 years.

Proof of identity not required
 (3) In proceedings