Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), a person must not disclose, receive or solicit any information, document or other thing if the person knows or is reckless as to the fact that the information, document or other thing is protected counter-terrorism intelligence.
Penalty: In the case of a natural person, level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both;
In the case of a body corporate, a level 2 fine (3000 penalty units maximum).
(2) Subsection (1) does not apply to—
(a) disclosure, receipt or solicitation of protected counter-terrorism intelligence that was in the public domain at the time of the disclosure, receipt or solicitation; or
(b) disclosure, receipt or solicitation of protected counter-terrorism intelligence by a law enforcement officer in the performance of duty; or
(c) disclosure of protected counter-terrorism intelligence by a person to a lawyer, or the receipt or solicitation of protected counter-terrorism intelligence by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or
(d) disclosure, receipt or solicitation of protected counter-terrorism intelligence that is published in accordance with an order of the Supreme Court under section 36(1); or
(e) disclosure, receipt or solicitation of protected counter-terrorism intelligence that is required, authorised or permitted by or under this Act.
(3) A person does not commit an offence against subsection (1) if—
(a) the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (2) existed at the time of the alleged commission of the offence; and
(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.
S. 37A inserted by No. 32/2018 s. 71.