Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:2_6:p2
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 2/12)
Character Range: 85679–88701

Department of State of a foreign country; or
 (ii) a government agency in a foreign country;
  that is responsible for the defence of the country.
information has the meaning given by section 90.1.
inherently harmful information means information that is any of the following:
 (a) security classified information;
 (c) information that was obtained by, or made by or on behalf of, a domestic intelligence agency or a foreign intelligence agency in connection with the agency's functions;
 (e) information relating to the operations, capabilities or technologies of, or methods or sources used by, a domestic or foreign law enforcement agency.
international relations has the meaning given by section 10 of the National Security Information (Criminal and Civil Proceedings) Act 2004.
proper place of custody has the meaning given by section 121.2.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
security classification has the meaning given by section 90.5.
security classified information means information that has a security classification.
security or defence of Australia includes the operations, capabilities or technologies of, or methods or sources used by, domestic intelligence agencies or foreign intelligence agencies.
 (2) To avoid doubt, communicate includes publish and make available.
 (3) For the purposes of a reference, in an element of an offence in this Part, to security classified information or security classification, strict liability applies to the element that:
 (a) a classification is applied in accordance with the policy framework developed by the Commonwealth for the purpose (or for purposes that include the purpose) of identifying the information mentioned in subparagraph 90.5(1)(a)(i) or (ii); or
 (b) a classification or marking is prescribed by the regulations as mentioned in paragraph 90.5(1)(b).
Note: See the definitions of security classified information in subsection (1) and security classification in section 90.5.

121.2  Definition of proper place of custody
 (1) Proper place of custody has the meaning prescribed by the regulations.
 (2) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) of this section may prescribe a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time, if the instrument or other writing is publicly available.

Division 122—Secrecy of information

122.1  Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc.

Communication of inherently harmful information
 (1) A person commits an offence if:
 (a) the person communicates information; and
 (b) the information is inherently harmful information; and
 (c) the information was made or obtained by that person by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity.
Note 1: For