Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.6 - Secrecy of information  

Division 122 - Secrecy of information  

SECTION 122.3   Aggravated offence  

(1)    
A person commits an offence against this section if:

(a) the person commits an offence against section 122.1 or 122.2 (the underlying offence ); and

(b) any of the following circumstances exist in relation to the commission of the underlying offence:

(ii) if the commission of the underlying offence involves a record - the record is marked with a code word, " for Australian eyes only " or as prescribed by the regulations for the purposes of this subparagraph;

(iii) the commission of the underlying offence involves 5 or more records each of which has a security classification;

(iv) the commission of the underlying offence involves the person altering a record to remove or conceal its security classification;

(v) at the time the person committed the underlying offence, the person held an Australian Government security clearance allowing the person to access information that has a security classification of at least secret.

Penalty:

(a) if the penalty for the underlying offence is imprisonment for 7 years - imprisonment for 10 years; or

(b) if the penalty for the underlying offence is imprisonment for 3 years - imprisonment for 5 years.

(2)    
There is no fault element for the physical element in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.

(4)    
To avoid doubt:

(a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and

(b) a person may be convicted of an offence against this section even if the person has not been convicted of the underlying offence.