Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:2_6:p1
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 1/12)
Character Range: 83016–85933

6  At the end of Chapter 5 of the Criminal Code
Add:

Part 5.6—Secrecy of information

Division 121—Preliminary

121.1  Definitions
 (1) In this Part:
cause harm to Australia's interests means to:
 (a) interfere with or prejudice the prevention, detection, investigation, prosecution or punishment of a criminal offence against a law of the Commonwealth; or
 (b) interfere with or prejudice the performance of functions of the Australian Federal Police under:
 (i) paragraph 8(1)(be) of the Australian Federal Police Act 1979 (protective and custodial functions); or
 (ii) the Proceeds of Crime Act 2002; or
 (c) harm or prejudice Australia's international relations in relation to information that was communicated in confidence:
 (i) by, or on behalf of, the government of a foreign country, an authority of the government of a foreign country or an international organisation; and
 (ii) to the Government of the Commonwealth, to an authority of the Commonwealth, or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or
 (f) harm or prejudice the health or safety of the Australian public or a section of the Australian public; or
 (g) harm or prejudice the security or defence of Australia.
Commonwealth officer means any of the following:
 (a) an APS employee;
 (b) an individual appointed or employed by the Commonwealth otherwise than under the Public Service Act 1999;
 (c) a member of the Australian Defence Force;
 (d) a member or special member of the Australian Federal Police;
 (e) an officer or employee of a Commonwealth authority;
 (f) an individual who is a contracted service provider for a Commonwealth contract;
 (g) an individual who is an officer or employee of a contracted service provider for a Commonwealth contract and who provides services for the purposes (whether direct or indirect) of the Commonwealth contract;
but does not include an officer or employee of, or a person engaged by, the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation.
deal has the same meaning as in Part 5.2.
Note: For the meaning of deal in that Part, see subsections 90.1(1) and (2).
domestic intelligence agency means:
 (a) the Australian Secret Intelligence Service; or
 (b) the Australian Security Intelligence Organisation; or
 (c) the Australian Geospatial‑Intelligence Organisation; or
 (d) the Defence Intelligence Organisation; or
 (e) the Australian Signals Directorate; or
 (f) the Office of National Assessments.
foreign military organisation means:
 (a) the armed forces of the government of a foreign country; or
 (b) the civilian component of:
 (i) the 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