Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_16a
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 16A
Character Range: 27942–28774

16A  Failing to report information received from the enemy

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person receives information from the enemy; and
 (b) the person does not make the information known to proper authority; and
 (c) the information is likely to be directly or indirectly useful in operations against the enemy; and
 (d) the person knows or could reasonably be expected to know that the information is likely to be directly or indirectly useful in operations against the enemy.

Maximum punishment: Imprisonment for 15 years.

 (2) It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.

Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.