Document ID: chunk:federal_register_of_legislation:C2017A00115:clause:1_8
Version: federal_register_of_legislation:C2017A00115
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 7234–7933

8  After subsection 42(1)
Insert:
 (1A) If the information is Immigration and Border Protection information because of the operation of subsection 4(5) or (6), the fault element of recklessness for paragraph (1)(c) of this section is taken to be satisfied if the person is reckless as to whether or not whichever of the following applies:
 (a) the information has a security classification;
 (b) the information originated with, or was received from, an intelligence agency;
 (c) the information was provided to the Commonwealth pursuant to a statutory obligation or otherwise by compulsion of law.
Note: Recklessness is the fault element for paragraph (1)(c)—see section 5.6 of the Criminal Code.