Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 18   Special intelligence operations

Australian Security Intelligence Organisation Act 1979

4   Subsections 35P(1) and (2)

Repeal the subsections, substitute:

Disclosures by entrusted persons

(1) A person commits an offence if:

(a) the person is, or has been, an entrusted person; and

(b) information came to the knowledge or into the possession of the person in the person's capacity as an entrusted person; and

(c) the person discloses the information; and

(d) the information relates to a special intelligence operation.

Penalty: Imprisonment for 5 years.

Note: Recklessness is the fault element for paragraphs (1)(b) and (d) - see section 5.6 of the Criminal Code.

(1A) Strict liability applies to paragraph (1)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) A person commits an offence if:

(a) the person is, or has been, an entrusted person; and

(b) information came to the knowledge or into the possession of the person in the person's capacity as an entrusted person; and

(c) the person discloses the information; and

(d) the information relates to a special intelligence operation; and

(e) either or both of the following subparagraphs apply:

(i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation;

(ii) the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.

Penalty: Imprisonment for 10 years.

Note: Recklessness is the fault element for paragraphs (1B)(b) and (d) and subparagraph (1B)(e)(ii) - see section 5.6 of the Criminal Code.

(1C) Strict liability applies to paragraph (1B)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

Other disclosures

(2) A person commits an offence if:

(a) the person discloses information; and

(b) the information relates to a special intelligence operation; and

(c) the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.

Penalty: Imprisonment for 5 years.

Note: Recklessness is the fault element for paragraphs (2)(b) and (c) - see section 5.6 of the Criminal Code.

(2A) A person commits an offence if:

(a) the person discloses information; and

(b) the information relates to a special intelligence operation; and

(c) either or both of the following subparagraphs apply:

(i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation;

(ii) the person knows that the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.

Penalty: Imprisonment for 10 years.

Note: Recklessness is the fault element for paragraph (2A)(b) - see section 5.6 of the Criminal Code.