Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.6 - Secrecy of information  

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History

Pt 5.6 inserted by No 67 of 2018, s 3 and Sch 2 item 6, applicable to conduct that occurs on or after 29 December 2018.

Division 122 - Secrecy of information  

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History

Div 122 inserted by No 67 of 2018, s 3 and Sch 2 item 6, applicable to conduct that occurs on or after 29 December 2018.

SECTION 122.4   Unauthorised disclosure of information by current and former Commonwealth officers etc.  

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(1)    
A person commits an offence if:

(a)    the person communicates information; and

(b)    the person made or obtained the information by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; and

(c)    the person is under a duty not to disclose the information; and

(d)    the duty arises under a law of the Commonwealth.

Penalty: Imprisonment for 2 years.

(2)    
Absolute liability applies in relation to paragraph (1)(d) .

Sunset provision

(3)    

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This section does not apply in relation to any communication of information that occurs after the end of 29 June 2026.

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S 122.4(3) amended by No 93 of 2024, s 3 and Sch 6 item 1, by substituting " 29 June 2026 " for " 29 December 2024 " , effective 25 October 2024.

S 122.4(3) amended by No 96 of 2023, s 3 and Sch 2 item 63, by substituting " 29 December 2024 " for " 5 years after this section commences " , effective 25 November 2023.

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History

S 122.4 inserted by No 67 of 2018, s 3 and Sch 2 item 6, applicable to conduct that occurs on or after 29 December 2018.

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