Document ID: chunk:federal_register_of_legislation:C2024A00024:clause:2_92
Version: federal_register_of_legislation:C2024A00024
Segment Type: clause
Provision Reference: sch 2 cl 92
Character Range: 46769–49456

92  Making public the identity of ASIO employees and ASIO affiliates

Offence
 (1) A person commits an offence if:
 (a) the person makes information public, or causes or permits information to be made public; and
 (b) any of the following applies:
 (i) the information identifies a person as being an ASIO employee, a former ASIO employee, an ASIO affiliate or a former ASIO affiliate;
 (ii) the information could reasonably lead to establishing the identity of a person as being an ASIO employee, a former ASIO employee, an ASIO affiliate or a former ASIO affiliate;
 (iii) the identity of a person as being an ASIO employee, a former ASIO employee, an ASIO affiliate or a former ASIO affiliate could reasonably be inferred from the information.
Penalty: Imprisonment for 10 years.

Exceptions
 (2) Subsection (1) does not apply to a person making information public, or causing or permitting information to be made public, if the Minister or Director‑General has consented in writing to the information being made public.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) Subsection (1) does not apply to a person making information public, or causing or permitting information to be made public, if:
 (a) the information relates to a person who is a former ASIO employee or former ASIO affiliate; and
 (b) the former ASIO employee or former ASIO affiliate has:
 (i) consented in writing to the information being made public; or
 (ii) caused or authorised the fact that the person is a former ASIO employee or former ASIO affiliate to be made public; and
 (c) the person making the information public, or causing or permitting the information to be made public, is not that former ASIO employee or former ASIO affiliate.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Extended geographical jurisdiction
 (4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) of this section.
 (5) Subsection (4) does not, by implication, affect the interpretation of any other provision of this Act or another Act.

Attorney‑General's involvement in prosecution of offence
 (6) A prosecution for an offence against subsection (1) may only be instituted by, or with the consent of, the Attorney‑General.
Note: For communication of information about an offence against this section to appropriate authorities, see subsection 18(3).

Minister or Director‑General's consent
 (7) Consent given under this section is not a legislative instrument.