Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317zf:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317ZF (pt 2/7)
Character Range: 688074–690773

as such an officer; or
 (ix) if the person is or was an officer or employee of the Commonwealth, a State or a Territory—in the person's capacity as such an officer or employee; or
 (ixa) if the person is or was a person appointed under subsection 317WA(2)—in the person's capacity as such an appointee; or
 (ixb) if the person is or was a person appointed under subsection 317YA(2)—in the person's capacity as such an appointee; or
 (x) if the person is or was an arbitrator appointed under section 317ZK—in the person's capacity as such an arbitrator; and
 (e) if the information is covered by subparagraph (c)(iv), (v) or (vi)—the information has come to the person's knowledge, or into the person's possession:
 (i) if the person is or was an entrusted ASIO person—in the person's capacity as such an entrusted ASIO person; or
 (ii) if the person is or was an entrusted ASIS person—in the person's capacity as such an entrusted ASIS person; or
 (iii) if the person is or was an entrusted ASD person—in the person's capacity as such an entrusted ASD person; or
 (iv) if the person is or was an officer of an interception agency—in the person's capacity as such an officer; or
 (v) if the person is or was an officer or employee of the Commonwealth, a State or a Territory—in the person's capacity as such an officer or employee; or
 (vi) if the person is or was an arbitrator appointed under section 317ZK—in the person's capacity as such an arbitrator.
Penalty: Imprisonment for 5 years.

Exceptions
 (2) Subsection (1) does not apply if the disclosure was authorised under subsection (3), (5), (5A), (5B), (5C), (6), (7), (8), (9), (10), (11), (12A), (12B), (12C), (12D), (13), (14), (15) or (16).
Note: Except as provided by subsection (2A) or (2B), a defendant bears an evidential burden in relation to the matters in this subsection—see subsection 13.3(3) of the Criminal Code.
 (2A) Despite subsection 13.3(3) of the Criminal Code, in a prosecution for an offence against subsection (1) of this section, an IGIS official does not bear an evidential burden in relation to the matters in subsection (2) of this section, to the extent to which that subsection relates to subsection (5) of this section.
 (2B) Despite subsection 13.3(3) of the Criminal Code, in a prosecution for an offence against subsection (1) of this section, an Ombudsman official does not bear an evidential burden in relation to the matters in subsection (2) of this section, to the extent to which that subsection relates to subsection (5A), (5B) or (5C) of this section.

Authorised disclosures—general
 (3) A person covered by paragraph (1)(b) may disclose technical assistance notice information, technical capability