Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p151
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 151/268)
Character Range: 749214–751997

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.
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
 (d) either:
 (i) the failure to comply causes harm to Australia's interests; or
 (ii) the failure to comply will or is likely to cause harm to Australia's interests; and
 (e) 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.
Penalty: Imprisonment for 3 years.

122.3  Aggravated offence
 (1) A person commits an offence against this section if:
 (a) the person commits an offence against section 122.1 or 122.2 (the underlying offence); and
 (b) any of the following circumstances exist in relation to the commission of the underlying offence:
 (ii) if the commission of the underlying offence involves a record—the record is marked with a code word, "for Australian eyes only" or as prescribed by the regulations for the purposes of this subparagraph;
 (iii) the commission of the underlying offence involves 5 or more records each of which has a security classification;
 (iv) the commission of the underlying offence involves the person altering a record to remove or conceal its security classification;
 (v) at the time the person committed the underlying offence, the person held an Australian Government security clearance allowing the person to access information that has a security classification of at least secret.
Penalty:
 (a) if the penalty for the underlying offence is imprisonment for 7 years—imprisonment for 10 years; or
 (b) if the penalty for the underlying offence is imprisonment for 3 years—imprisonment for 5 years.
 (2) There is no fault element for the physical element in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.
 (4) To avoid doubt:
 (a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and
 (b) a person may be convicted of an offence against this section even if the person has not been convicted of the underlying offence.

122.4  Unauthorised disclosure of information by current and former Commonwealth officers etc.
 (1) A person commits an offence if:
 (a) the person communicates information; and
 (b) the person made or obtained the information by reason of his or her