Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.2 - Espionage and related offences  

Division 90 - Preliminary  

SECTION 90.5   Definition of security classification  

(1)    
Security classification means:

(a) a classification of secret or top secret that is applied in accordance with the policy framework developed by the Commonwealth for the purpose (or for purposes that include the purpose) of identifying information:

(i) for a classification of secret - that, if disclosed in an unauthorised manner, could be expected to cause serious damage to the national interest, organisations or individuals; or

(ii) for a classification of top secret - that, if disclosed in an unauthorised manner, could be expected to cause exceptionally grave damage to the national interest; or

(b) any equivalent classification or marking prescribed by the regulations.

(1A)    
For the purposes of a reference, in an element of an offence in this Part, to security classification, strict liability applies to the element that:

(a) a classification is applied in accordance with the policy framework developed by the Commonwealth for the purpose (or for purposes that include the purpose) of identifying the information mentioned in subparagraph (1)(a)(i) or (ii); or

(b) a classification or marking is prescribed by the regulations as mentioned in paragraph (1)(b).

(2)    
Before the Governor-General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the regulations are not inconsistent with the policy framework mentioned in paragraph (1)(a).

(3)    
Despite subsection 14(2) of the Legislation Act 2003 , regulations made for the purposes of subsection (1) of this section may prescribe a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time, if the instrument or other writing is publicly available.