Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p156
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 156/268)
Character Range: 762106–764893

this subsection (see subsection 13.3(3)).
 (7) Without limiting paragraph (6)(a) or (b), a person may not reasonably believe that communicating, removing, holding or otherwise dealing with information is in the public interest if:
 (a) engaging in that conduct would be an offence under section 92 of the Australian Security Intelligence Organisation Act 1979 (making public the identity of ASIO employees and ASIO affiliates) or section 92A of that Act (disclosing the identity of ASIO employees and ASIO affiliates); or
 (b) engaging in that conduct would be an offence under section 41 of the Intelligence Services Act 2001 (publication of identity of staff); or
 (c) engaging in that conduct would be an offence under section 22, 22A or 22B of the Witness Protection Act 1994 (offences relating to Commonwealth, Territory, State participants or information about the national witness protection program); or
 (d) that conduct was engaged in for the purpose of directly or indirectly assisting a foreign intelligence agency or a foreign military organisation.

Information that has been previously communicated
 (8) It is a defence to a prosecution for an offence by a person against this Division if:
 (a) the person did not make or obtain the relevant information by reason of any of the following:
 (i) his or her being, or having been, a Commonwealth officer;
 (ii) his or her being otherwise engaged to perform work for a Commonwealth entity;
 (iii) an arrangement or agreement to which the Commonwealth or a Commonwealth entity is party and which allows for the exchange of information; and
 (b) the information has already been communicated, or made available, to the public (the prior publication); and
 (c) the person was not involved in the prior publication (whether directly or indirectly); and
 (d) at the time of the communication, removal, holding or dealing, the person believes that engaging in that conduct will not cause harm to Australia's interests or the security or defence of Australia; and
 (e) having regard to the nature, extent and place of the prior publication, the person has reasonable grounds for that belief.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Information relating to a person etc.
 (9) It is a defence to a prosecution for an offence by a person against this Division if:
 (a) the person did not make or obtain the relevant information by reason of any of the following:
 (i) his or her being, or having been, a Commonwealth officer;
 (ii) his or her being otherwise engaged to perform work for a Commonwealth entity;
 (iii) an arrangement or agreement to which the Commonwealth or a Commonwealth entity is party and which allows for the exchange of information; and