National Security Legislation Amendment Act (No. 1) 2014 (108 of 2014)

Schedule 1   ASIO employment etc.

Part 1   Main amendments

Australian Security Intelligence Organisation Act 1979

6   Subsection 18(2)

Repeal the subsection (not including the penalty), substitute:

Offence for unauthorised communication of information or matter

(2) A person commits an offence if:

(a) the person makes a communication of any information or matter; and

(b) the information or matter has come to the knowledge or into the possession of the person by reason of:

(i) his or her being, or having been, an ASIO employee; or

(ii) his or her being, or having been, an ASIO affiliate; or

(iii) his or her having entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate); and

(c) the information or matter:

(i) was acquired or prepared by or on behalf of the Organisation in connection with its functions; or

(ii) relates to the performance by the Organisation of its functions; and

(d) the communication was not made to the Director-General, an ASIO employee or an ASIO affiliate:

(i) by an ASIO employee, in the course of the ASIO employee's duties; or

(ii) by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation; or

(iii) by a person who has entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate), in accordance with the contract, agreement or arrangement; and

(e) the communication was not made by a person acting within the limits of authority conferred on the person by the Director-General; and

(f) the communication was not made with the approval of the Director-General or of a person having the authority of the Director-General to give such an approval.