Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p152
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 152/268)
Character Range: 751737–754556

offence.

122.4  Unauthorised disclosure of information by current and former Commonwealth officers etc.
 (1) A person commits an offence if:
 (a) the person communicates information; and
 (b) the person made or obtained the information by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and
 (c) the person is under a duty not to disclose the information; and
 (d) the duty arises under a law of the Commonwealth.
Penalty: Imprisonment for 2 years.
 (2) Absolute liability applies in relation to paragraph (1)(d).

Sunset provision
 (3) This section does not apply in relation to any communication of information that occurs after the end of 29 June 2026.

122.4A  Communicating and dealing with information by non‑Commonwealth officers etc.

Communication of information
 (1) A person commits an offence if:
 (a) the person communicates information; and
 (b) the information was not made or obtained by the person by reason of the person being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and
 (c) the information was made or obtained by another person by reason of that other person being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and
 (d) any one or more of the following applies:
 (i) the information has a security classification of secret or top secret;
 (ii) the communication of the information damages the security or defence of Australia;
 (iii) the communication of the information interferes with or prejudices the prevention, detection, investigation, prosecution or punishment of a criminal offence against a law of the Commonwealth;
 (iv) the communication of the information harms or prejudices the health or safety of the Australian public or a section of the Australian public.
Note 1: For exceptions to the offences in this section, see section 122.5.
Note 2: The fault elements for this offence are intention for paragraph (1)(a) and recklessness for paragraphs (1)(b) to (d) (see section 5.6).
Penalty: Imprisonment for 5 years.

Other dealings with information
 (2) A person commits an offence if:
 (a) the person deals with information (other than by communicating it); and
 (b) the information was not made or obtained by the person by reason of the person being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and
 (c) the information was made or obtained by another person by reason of that other person being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and
 (d) any one or more of the following applies:
 (i) the information has a security classification of secret or top