Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:18_4
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 18 cl 4
Character Range: 203391–206173

4  Subsections 35P(1) and (2)
Repeal the subsections, substitute:

Disclosures 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.

Other disclosures
 (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.