Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34zs:p2
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34ZS (pt 2/4)
Character Range: 77256–80092

subject obtaining representation in legal proceedings seeking a remedy relating to the warrant or the treatment of the subject in connection with the warrant.
Otherwise, the fault element applying to paragraphs (1)(c) and (2)(c) is recklessness.

Note: For strict liability, see section 6.1 of the Criminal Code. For recklessness, see section 5.4 of the Criminal Code.

Extended geographical jurisdiction—category D

 (4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (2).

Definitions

 (5) In this section:

operational information means information indicating one or more of the following:
 (a) information that the Organisation has or had;
 (b) a source of information (other than the person specified in the warrant mentioned in subsection (1) or (2)) that the Organisation has or had;
 (c) an operational capability, method or plan of the Organisation.

permitted disclosure means any of the following:
 (a) a disclosure made by a person in the course of any of the following:
 (i) exercising a power, or performing a function or duty, under this Act;
 (ii) doing anything the person is authorised to do by a warrant issued under this Act;
 (iii) doing anything the person is required or permitted to do by a direction under subsection 34K(1);
 (iv) exercising a power (including a power to make a complaint), or performing a function or duty, under the Complaints (Australian Federal Police) Act 1981 or the Inspector‑General of Intelligence and Security Act 1986;
 (b) a disclosure that is:
 (i) made in the course of the questioning of a person under a warrant issued under this Division; and
 (ii) made by a person who is present at the questioning when making the disclosure;
 (c) a disclosure to a lawyer for the purpose of:
 (i) obtaining legal advice in connection with a warrant issued under this Division; or
 (ii) obtaining representation in legal proceedings seeking a remedy relating to such a warrant or the treatment of a person in connection with such a warrant;
 (d) a disclosure for the purpose of the initiation, conduct or conclusion (by judgment or settlement) of legal proceedings relating to such a remedy;
 (e) a disclosure that is permitted by a prescribed authority to be made;
 (f) a disclosure to one or more of the following persons, by the representative mentioned in subsection 34ZR(1) or by a parent, guardian or sibling of the subject mentioned in that subsection, of information described in paragraph (1)(c) or (2)(c) of this section in relation to the warrant mentioned in that subsection:
 (i) a parent, guardian or sibling of the subject;
 (ii) the representative;
 (iv) a prescribed authority;
 (v) a person exercising authority under the warrant;
 (vi) the Inspector‑General of Intelligence and Security;