Document ID: chunk:federal_register_of_legislation:C2024C00841:section:35p:p2
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 35P (pt 2/2)
Character Range: 358970–361147

Imprisonment for 10 years.
Note: Recklessness is the fault element for paragraph (2A)(b)—see section 5.6 of the Criminal Code.

Exceptions
 (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.