Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p148
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 148/268)
Character Range: 741252–744307

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 Intelligence.
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 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