Document ID: chunk:federal_register_of_legislation:C2024C00841:section:92d
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 92D
Character Range: 461467–463418

92D  Protection from criminal liability—third parties
 (1) If a person does something that, apart from this section, would be an offence against a law of the Commonwealth, a State or a Territory, the person is not criminally responsible for the offence if:
 (a) the person is a staff member of any authority of the Commonwealth; and
 (b) the thing is done in the course of the person exercising or performing the person's powers, functions or duties as such a staff member; and
 (c) the thing is done to facilitate an ASIO employee or ASIO affiliate, or a former ASIO employee or former ASIO affiliate, (the ASIO person) to identify an authority of the Commonwealth as the ASIO person's employer or place of work in relation to a period for the purposes of subsection 92B(1), in accordance with a determination under subsection 92C(1); and
 (d) doing the thing would not be an offence if the authority of the Commonwealth referred to in paragraph (c) were the ASIO person's employer or place of work for the period mentioned in that paragraph.
 (2) If a person does something that, apart from this section, would be an offence against a law of the Commonwealth, a State or a Territory, the person is not criminally responsible for the offence if:
 (a) the thing is done in the performance of the functions attaching to the person's professional capacity; and
 (b) the thing is done to facilitate an ASIO employee or ASIO affiliate, or a former ASIO employee or former ASIO affiliate, (the ASIO person) to identify an authority of the Commonwealth as the ASIO person's employer or place of work in relation to a period for the purposes of subsection 92B(1), in accordance with a determination under subsection 92C(1); and
 (c) doing the thing would not be an offence if the authority of the Commonwealth referred to in paragraph (b) were the ASIO person's employer or place of work for the period mentioned in that paragraph.

Part VI—Miscellaneous