Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:2_6:p4
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 4/12)
Character Range: 91020–93790

(b), (ca), (d) and (e) (see section 5.6).
Penalty: Imprisonment for 3 years.

122.2  Conduct by current and former Commonwealth officers etc. causing harm to Australia's interests

Communication causing harm to Australia's interests
 (1) A person commits an offence if:
 (a) the person communicates information; and
 (b) either:
 (i) the communication causes harm to Australia's interests; or
 (ii) the communication will or is likely to cause harm to Australia's interests; 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 the definition of cause harm to Australia's interests, see section 121.1.
Note 2: For exceptions to the offences in this section, see section 122.5.
Penalty: Imprisonment for 7 years.

Other conduct causing harm to Australia's interests
 (2) A person commits an offence if:
 (a) the person deals with information (other than by communicating it); and
 (b) either:
 (i) the dealing causes harm to Australia's interests; or
 (ii) the dealing will or is likely to cause harm to Australia's interests; 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.
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) either:
 (i) the removal or holding causes harm to Australia's interests; or
 (ii) the removal or holding will or is likely to cause harm to Australia's interests; 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.
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