Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.6 - Secrecy of information  

Division 121 - Preliminary  

SECTION 121.1   Definitions  

(1)    

In this Part:

cause harm to Australia ' s interests
means to:

(a) interfere with or prejudice the prevention, detection, investigation, prosecution or punishment of a criminal offence against a law of the Commonwealth; or

(b) interfere with or prejudice the performance of functions of the Australian Federal Police under:

(i) paragraph 8(1)(be) of the Australian Federal Police Act 1979 (protective and custodial functions); or

(ii) the Proceeds of Crime Act 2002 ; or

(c) harm or prejudice Australia ' s international relations in relation to information that was communicated in confidence:

(i) by, or on behalf of, the government of a foreign country, an authority of the government of a foreign country or an international organisation; and

(ii) to the Government of the Commonwealth, to an authority of the Commonwealth, or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or

(f) harm or prejudice the health or safety of the Australian public or a section of the Australian public; or

(g) harm or prejudice the security or defence of Australia.

Commonwealth officer
means any of the following:

(a) an APS employee;

(b) an individual appointed or employed by the Commonwealth otherwise than under the Public Service Act 1999 ;

(c) a member of the Australian Defence Force;

(d) a member or special member of the Australian Federal Police;

(e) an officer or employee of a Commonwealth authority;

(f) an individual who is a contracted service provider for a Commonwealth contract;

(g) an individual who is an officer or employee of a contracted service provider for a Commonwealth contract and who provides services for the purposes (whether direct or indirect) of the Commonwealth contract;

but does not include an officer or employee of, or a person engaged by, the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation.

deal
has the same meaning as in Part 5.2 .

Note:

For the meaning of deal in that Part, see subsections 90.1(1) and (2) .

domestic intelligence agency
means:

(a) the Australian Secret Intelligence Service; or

(b) the Australian Security Intelligence Organisation; or

(c) the Australian Geospatial-Intelligence Organisation; or

(d) the Defence Intelligence Organisation; or

(e) the Australian Signals Directorate; or

(f) the Office of National Intelligence.

foreign military organisation
means:

(a) the armed forces of the government of a foreign country; or

(b) the civilian component of:

(i) the Department of State of a foreign country; or

(ii) a government agency in a foreign country;

that is responsible for the defence of the country.

information
has the meaning given by section 90.1 .

inherently harmful information
means information that is any of the following:

(a) security classified information;

(c) information that was obtained by, or made by or on behalf of, a domestic intelligence agency or a foreign intelligence agency in connection with the agency ' s functions;

(e) information relating to the operations, capabilities or technologies of, or methods or sources used by, a domestic or foreign law enforcement agency.

international relations
has the meaning given by section 10 of the National Security Information (Criminal and Civil Proceedings) Act 2004 .

proper place of custody
has the meaning given by section 121.2 .

Regulatory Powers Act
means the Regulatory Powers (Standard Provisions) Act 2014 .

security classification
has the meaning given by section 90.5 .

security classified information
means information that has a security classification.

security or defence of Australia
includes the operations, capabilities or technologies of, or methods or sources used by, domestic intelligence agencies or foreign intelligence agencies.

(2)    
To avoid doubt, communicate includes publish and make available.

(3)    
For the purposes of a reference, in an element of an offence in this Part, to security classified information or 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 90.5(1)(a)(i) or (ii); or

(b) a classification or marking is prescribed by the regulations as mentioned in paragraph 90.5(1)(b) .

Note:

See the definitions of security classified information in subsection (1) and security classification in section 90.5 .