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

Schedule 6   Protection of information

Part 1   Main amendments

Intelligence Services Act 2001

11   Subsection 39(2)

Repeal the subsection, substitute:

Exception - information or matter lawfully available

(2) Subsection (1) does not apply to information or matter that has already been communicated or made available to the public with the authority of the Commonwealth.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

Exception - communication to the Inspector-General of Intelligence and Security

(3) Subsection (1) does not apply if the person communicates the information or matter to an IGIS official for the purpose of the Inspector-General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector-General of Intelligence and Security Act 1986.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code).