Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p147
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 147/268)
Character Range: 738674–741496

or part of an armed force, of the government of a foreign country.
 (2) The Defence Minister may, in writing, declare that if a specified person had done a specified act (being an act alleged to constitute an offence) the person would not have been acting in the course of the person's duty to the Commonwealth in relation to the defence or international relations of Australia.
 (3) Without limiting subsection (1) or (2), a declaration under that subsection may be made in relation to a specified day or period.
 (4) In proceedings for an offence referred to in paragraph 119.11(1)(a), a certificate under this section is prima facie evidence of the matters stated in the certificate.

Part 5.6—Secrecy of information

Division 121—Preliminary

121.1  Definitions
 (1) In this Part:
cause harm to Australia's interests means to:
 (a) interfere with or prejudice the prevention, detection, investigation, prosecution or punishment of a criminal offence against a law of the Commonwealth; or
 (b) interfere with or prejudice the performance of functions of the Australian Federal Police under:
 (i) paragraph 8(1)(be) of the Australian Federal Police Act 1979 (protective and custodial functions); or
 (ii) the Proceeds of Crime Act 2002; or
 (c) harm or prejudice Australia's international relations in relation to information that was communicated in confidence:
 (i) by, or on behalf of, the government of a foreign country, an authority of the government of a foreign country or an international organisation; and
 (ii) to the Government of the Commonwealth, to an authority of the Commonwealth, or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or
 (f) harm or prejudice the health or safety of the Australian public or a section of the Australian public; or
 (g) harm or prejudice the security or defence of Australia.
Commonwealth officer means any of the following:
 (a) an APS employee;
 (b) an individual appointed or employed by the Commonwealth otherwise than under the Public Service Act 1999;
 (c) a member of the Australian Defence Force;
 (d) a member or special member of the Australian Federal Police;
 (e) an officer or employee of a Commonwealth authority;
 (f) an individual who is a contracted service provider for a Commonwealth contract;
 (g) an individual who is an officer or employee of a contracted service provider for a Commonwealth contract and who provides services for the purposes (whether direct or indirect) of the Commonwealth contract;
but does not include an officer or employee of, or a person engaged by, the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation.
deal has the same meaning as in Part 5.2.
Note: For the meaning of deal in that Part, see subsections 90.1(1) and (2).
domestic