Document ID: chunk:federal_register_of_legislation:C2014A00108:clause:3_35p
Version: federal_register_of_legislation:C2014A00108
Segment Type: clause
Provision Reference: sch 3 cl 35P
Character Range: 107495–109935

35P  Unauthorised disclosure of information

Unauthorised disclosure of information
 (1) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information relates to a special intelligence operation.
Penalty: Imprisonment for 5 years.
Note: Recklessness is the fault element for the circumstance described in paragraph (1)(b)—see section 5.6 of the Criminal Code.

Unauthorised disclosure of information—endangering safety, etc.
 (2) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information relates to a special intelligence operation; and
 (c) either:
 (i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation; or
 (ii) the disclosure of the information will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.
Penalty: Imprisonment for 10 years.
Note: Recklessness is the fault element for the circumstance described in paragraph (2)(b)—see section 5.6 of the Criminal Code.

Exceptions
 (3) Subsections (1) and (2) do not apply if the disclosure was:
 (a) in connection with the administration or execution of this Division; or
 (b) for the purposes of any legal proceedings arising out of or otherwise related to this Division or of any report of any such proceedings; or
 (c) in accordance with any requirement imposed by law; or
 (d) in connection with the performance of functions or duties, or the exercise of powers, of the Organisation; or
 (e) for the purpose of obtaining legal advice in relation to the special intelligence operation; or
 (f) to an IGIS official for the purpose of the Inspector‑General of Intelligence and Security exercising powers, or performing functions or duties, under the Inspector‑General of Intelligence and Security Act 1986; or
 (g) by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under that Act.
Note: A defendant bears an evidential burden in relation to the matters in this subsection—see subsection 13.3(3) of the Criminal Code.

Extended geographical jurisdiction
 (4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (2).
 (5) Subsection (4) does not, by implication, affect the interpretation of any other provision of this Act.