Document ID: chunk:federal_register_of_legislation:C2014A00108:clause:1_6
Version: federal_register_of_legislation:C2014A00108
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 7313–8991

6  Subsection 18(2)
Repeal the subsection (not including the penalty), substitute:

Offence for unauthorised communication of information or matter
 (2) A person commits an offence if:
 (a) the person makes a communication of any information or matter; and
 (b) the information or matter has come to the knowledge or into the possession of the person by reason of:
 (i) his or her being, or having been, an ASIO employee; or
 (ii) his or her being, or having been, an ASIO affiliate; or
 (iii) his or her having entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate); and
  (c) the information or matter:
 (i) was acquired or prepared by or on behalf of the Organisation in connection with its functions; or
 (ii) relates to the performance by the Organisation of its functions; and
 (d) the communication was not made to the Director‑General, an ASIO employee or an ASIO affiliate:
 (i) by an ASIO employee, in the course of the ASIO employee's duties; or
 (ii) by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation; or
 (iii) by a person who has entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate), in accordance with the contract, agreement or arrangement; and
 (e) the communication was not made by a person acting within the limits of authority conferred on the person by the Director‑General; and
 (f)  the communication was not made with the approval of the Director‑General or of a person having the authority of the Director‑General to give such an approval.