Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_58
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 58
Character Range: 90131–90976

58  Unauthorised disclosure of information

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person discloses information; and
 (b) there is no lawful authority for the disclosure; and
 (c) the disclosure is likely to be prejudicial to the security or defence of Australia.

Maximum punishment: Imprisonment for 2 years.

 (2) Strict liability applies to paragraph (1)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) It is a defence if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the disclosure of the information was likely to be prejudicial to the security or defence of Australia.

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