Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 18   Special intelligence operations

Australian Security Intelligence Organisation Act 1979

6   After subsection 35P(3)

Insert:

(3A) Subsections (2) and (2A) do not apply to a person disclosing information if:

(a) the information has already been communicated, or made available, to the public (the prior publication ); and

(b) the person was not involved in the prior publication (whether directly or indirectly); and

(c) at the time of the disclosure, the person believes that the disclosure:

(i) will not endanger the health or safety of any person; and

(ii) will not prejudice the effective conduct of a special intelligence operation; and

(d) having regard to the nature, extent and place of the prior publication, the person has reasonable grounds for that belief.

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