Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:2_6:p3
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 3/12)
Character Range: 88463–91289

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 exceptions to the offences in this section, see section 122.5.
Note 2: The fault elements for this offence are intention for paragraph (1)(a) and recklessness for paragraphs (1)(b) and (c) (see section 5.6).
Penalty: Imprisonment for 7 years.

Other dealings with inherently harmful information
 (2) A person commits an offence if:
 (a) the person deals with information (other than by communicating it); 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: The fault elements for this offence are intention for paragraph (2)(a) and recklessness for paragraphs (2)(b) and (c) (see section 5.6).
Penalty: Imprisonment for 3 years.

Information removed from, or held outside, proper place of custody
 (3) A person commits an offence if:
 (a) the person:
 (i) removes information from a proper place of custody for the information; or
 (ii) holds information outside a proper place of custody for the 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: The fault elements for this offence are intention for paragraph (3)(a) and recklessness for paragraphs (3)(b) and (c) (see section 5.6).
Penalty: Imprisonment for 3 years.

Failure to comply with direction regarding information
 (4) A person commits an offence if:
 (a) the person is given a direction; and
 (b) the direction is a lawful direction regarding the retention, use or disposal of information; and
 (c) the person fails to comply with the direction; and
 (ca) the failure to comply with the direction results in a risk to the security of the information; and
 (d) the information is inherently harmful information; and
 (e) 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: The fault elements for this offence are intention for paragraph (4)(c) and recklessness for paragraphs (4)(a), (b), (ca), (d) and (e) (see section 5.6).
Penalty: Imprisonment for 3 years.

122.2  Conduct by current and former Commonwealth officers etc. causing harm to Australia's interests

Communication causing harm to Australia's interests
 (1) A person commits an offence if: