National Security Legislation Amendment Act (No. 1) 2014 (108 of 2014)

Schedule 6   Protection of information

Part 1   Main amendments

Intelligence Services Act 2001

21   After section 41

Insert:

41A Offences against this Division - general rules

Extended geographical jurisdiction

(1) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against this Division.

(2) Subsection (1) does not, by implication, affect the interpretation of any other provision of this Act.

Institution of prosecution

(3) A prosecution under this Division may be instituted only by, or with the consent of, the Attorney-General or a person acting under the Attorney-General's direction.

(4) However:

(a) a person charged with an offence against this Division may be arrested, or a warrant for his or her arrest may be issued and executed; and

(b) such a person may be remanded in custody or on bail;

even if the consent of the Attorney-General or a person acting under his or her direction has not been obtained, but no further proceedings are to be taken until that consent has been obtained.

(5) Nothing in subsection (3) or (4) prevents the discharging of the accused if proceedings are not continued within a reasonable time.

41B Offences against this Division - IGIS officials

(1) A person does not commit an offence against an information offence provision if:

(a) the person is an IGIS official; and

(b) the relevant conduct is engaged in by the person for the purpose of exercising powers, or performing functions or duties, as an IGIS official.

(2) In a prosecution for an offence against an information offence provision, the defendant does not bear an evidential burden in relation to the matter in subsection (1), despite subsection 13.3(3) of the Criminal Code.

(3) In this section:

information offence provision means subsection 39(1), 39A(1), 40(1), 40A(1), 40B(1), 40C(1), 40D(1), 40E(1), 40F(1), 40G(1), 40H(1), 40J(1), 40K(1), 40L(1) or 40M(1).