Document ID: chunk:federal_register_of_legislation:C2024C00841:section:34gf:p2
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 34GF (pt 2/4)
Character Range: 326515–329255

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.

Immunity from liability
 (3A) Subsections (1) and (2) do not apply to a person who discloses information if, as a result of the operation of a law of the Commonwealth, the person is not subject to any civil or criminal liability for the conduct.
Note 1: The Public Interest Disclosure Act 2013 provides that an individual is not subject to any civil or criminal liability for making a public interest disclosure.
Note 2: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) 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) of this section.

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 subject of 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 given by a prescribed authority;
 (iv) exercising a power (including a power to make a complaint or to give information), or performing a function or duty, under Part V of the Australian Federal Police Act 1979, the Ombudsman Act 1976 or a law of a State or Territory appointing or establishing a complaints agency;
 (aa) a disclosure made to or by an IGIS official for the purposes of the IGIS official exercising a power, or performing a function or duty, as an IGIS official;
 (b) a disclosure that is:
 (i) made in the course of the questioning of the subject of a questioning warrant under the warrant; and
 (ii) made by a person who is present during the questioning when making the disclosure;
 (c) a disclosure to a lawyer for the purpose of:
 (i) obtaining legal advice in connection with a questioning warrant; or
 (ii) obtaining representation in legal proceedings seeking