Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p149
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 149/268)
Character Range: 744049–746907

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 instrument or other writing as in force or existing from time to time, if the instrument or other writing is publicly available.

Division 122—Secrecy of information

122.1  Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc.

Communication of inherently harmful information
 (1) A person commits an offence if:
 (a) the person communicates 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 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