Commonwealth Consolidated Acts

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INTELLIGENCE SERVICES ACT 2001 - SECT 39A

Communication of certain information--AGO

             (1)  A person commits an offence if:

                     (a)  the person communicates any information or matter that was acquired or prepared by or on behalf of AGO in connection with its functions or relates to the performance by AGO of its functions; and

                     (b)  the information or matter has come to the knowledge or into the possession of the person by reason of:

                              (i)  his or her being, or having been, a staff member of AGO; or

                             (ii)  his or her having entered into any contract, agreement or arrangement with AGO; or

                            (iii)  his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with AGO; and

                     (c)  the communication was not made:

                              (i)  to the Director of AGO or a staff member by the person in the course of the person's duties as a staff member; or

                             (ii)  to the Director of AGO or a staff member by the person in accordance with a contract, agreement or arrangement; or

                            (iii)  by the person in the course of the person's duties as a staff member, within the limits of authority conferred on the person by the Director of AGO; or

                            (iv)  with the approval of the Director of AGO or of a staff member having the authority of the Director of AGO to give such an approval.

Penalty:  Imprisonment for 10 years.

Exception--information or matter lawfully available

             (2)  Subsection (1) does not apply to information or matter that has already been communicated or made available to the public with the authority of the Commonwealth.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .

Exception--communication to the Inspector-General of Intelligence and Security

             (3)  Subsection (1) does not apply if the person communicates the information or matter to an IGIS official for the purpose of the Inspector-General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector-General of Intelligence and Security Act 1986 .

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code .



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