Document ID: chunk:federal_register_of_legislation:C2024C00797:section:41
Version: federal_register_of_legislation:C2024C00797
Segment Type: section
Provision Reference: s 41
Character Range: 126195–127486

41  Publication of identity of staff
 (1) A person commits an offence:
 (a) if:
 (i) the person identifies a person as being, or having been, an agent or staff member of ASIS; and
 (ii) the identification is not of the Director‑General of ASIS or such other persons as the Director‑General of ASIS determines; or
 (b) if:
 (i) the person makes public any information from which the identity of such a person could reasonably be inferred, or any information that could reasonably lead to the identity of such a person being established; and
 (ii) the Minister or Director‑General of ASIS has not consented in writing to the information being made public; and
 (iii) the information has not been made public by means of broadcasting or reporting proceedings of the Parliament (other than proceedings of the Committee) as authorised by the Parliament.
Penalty: Imprisonment for 10 years.
Note: For staff member see section 3.

Exception—IGIS officials
 (2) Paragraph (1)(a) does not apply if the person identifies the person to an IGIS official, for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.