Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p150
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 150/268)
Character Range: 746678–749467

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
 (ca) the failure to comply with the direction results in a risk to the security of the information; and
 (d) the information is inherently harmful information; 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.
Note: The fault elements for this offence are intention for paragraph (4)(c) and recklessness for paragraphs (4)(a), (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)