Crimes Act 1914
View history note
Hide history notePt VII repealed by No 67 of 2018, s 3 and Sch 2 item 5, applicable to conduct that occurs on or after 29 December 2018.
Pt VII heading substituted by No 91 of 2002, s 3 and Sch 1 item 1A, effective 28 November 2002. For transitional provision, see note under former s 78. The heading formerly read:
Espionage and official secrets
(Repealed by No 67 of 2018)
S 79 repealed by No 67 of 2018, s 3 and Sch 2 item 5, applicable to conduct that occurs on or after 29 December 2018. S 79 formerly read:
S 79(1) amended by No 91 of 2002, s 3 and Sch 2 item 3, by inserting
"
or in contravention of section 91.1 or 92.1 of the
Criminal Code
"
in para (a), after
"
Part
"
, effective 28 November 2002. For transitional provision, see note under former s 78. he commits an indictable offence. Penalty: Imprisonment for 7 years. S 79(2) amended by No 4 of 2016, s 3 and Sch 4 item 351, by substituting
"
commits
"
for
"
shall be guilty of
"
, effective 10 March 2016. S 79(2) amended by No 24 of 2001, s 3 and Sch 10 item 89, by substituting
"
with the intention of prejudicing
"
for
"
for a purpose intended to be prejudicial to
"
. For application provisions, see note under s 3BA. or permits a person, other than a person referred to in paragraph (a) or (b), to have access to it, he or she commits an offence. Penalty: Imprisonment for 2 years. S 79(3) amended by No 4 of 2016, s 3 and Sch 4 item 351, by substituting
"
commits
"
for
"
shall be guilty of
"
, effective 10 March 2016. he commits an offence. Penalty: Imprisonment for 6 months. S 79(4) amended by No 4 of 2016, s 3 and Sch 4 item 351, by substituting
"
commits
"
for
"
shall be guilty of
"
, effective 10 March 2016. S 79(4) amended by No 73 of 2008, s 3 and Sch 4 item 207, by inserting
"
or herself
"
after
"
himself
"
in para (c), effective slr1. Penalty: Imprisonment for 7 years. S 79(5) amended by No 4 of 2016, s 3 and Sch 4 item 351, by substituting
"
commits
"
for
"
shall be guilty of
"
, effective 10 March 2016. S 79(5) amended by No 91 of 2002, s 3 and Sch 2 item 4, by substituting
"
91.1 of the
Criminal Code
"
for
"
78
"
, effective 28 November 2002. For transitional provision, see note under former s 78. Penalty: Imprisonment for 2 years. S 79(6) amended by No 4 of 2016, s 3 and Sch 4 item 351, by substituting
"
commits
"
for
"
shall be guilty of
"
, effective 10 March 2016. S 79(7) amended by No 24 of 2001, s 3 and Sch 10 items 90 and 91, by substituting
"
show an intention to prejudice
"
for
"
show a purpose intended to be prejudicial to
"
and
"
intention was to prejudice
"
for
"
purpose was a purpose intended to be prejudicial to
"
. For application provisions, see note under s 3BA. S 79(8)(a) amended by No 24 of 2001, s 3 and Sch 10 item 92, by substituting
"
defendant intended to prejudice
"
for
"
purpose of the defendant was a purpose intended to be prejudicial to
"
. For application provisions, see note under s 3BA. S 79(9) amended by No 24 of 2001, s 3 and Sch 10 item 93, by substituting
"
defendant intended to prejudice
"
for
"
purpose of the defendant was a purpose intended to be prejudicial to
"
. For application provisions, see note under s 3BA.
SECTION 79 Official secrets
(1)
For the purposes of this section, a sketch, plan, photograph, model, cipher, note, document, or article is a prescribed sketch, plan, photograph, model, cipher, note, document or article in relation to a person, and information is prescribed information in relation to a person, if the person has it in his or her possession or control and:
(a)
it has been made or obtained in contravention of this Part or in contravention of section
91.1
or
92.1
of the
Criminal Code
;
(b)
it has been entrusted to the person by a Commonwealth officer or a person holding office under the Queen or he or she has made or obtained it owing to his or her position as a person:
(i)
who is or has been a Commonwealth officer;
(ii)
who holds or has held office under the Queen;
(iii)
who holds or has held a contract made on behalf of the Queen or the Commonwealth;
(iv)
who is or has been employed by or under a person to whom a preceding subparagraph applies; or
and, by reason of its nature or the circumstances under which it was entrusted to him or her or it was made or obtained by him or her or for any other reason, it is his or her duty to treat it as secret; or
(v)
acting with the permission of a Minister;
(c)
it relates to a prohibited place or anything in a prohibited place and:
(i)
he knows; or
that it should not be communicated to a person not authorized to receive it.
(ii)
by reason of its nature or the circumstances under which it came into his or her possession or control or for any other reason, he or she ought to know;
(2)
If a person with the intention of prejudicing the security or defence of the Commonwealth or a part of the Queen
'
s dominions:
(a)
communicates a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, to a person, other than:
(i)
a person to whom he or she is authorized to communicate it; or
or permits a person, other than a person referred to in subparagraph (i) or (ii), to have access to it;
(ii)
a person to whom it is, in the interest of the Commonwealth or a part of the Queen
'
s dominions, his or her duty to communicate it;
(b)
retains a prescribed sketch, plan, photograph, model, cipher, note, document or article in his or her possession or control when he or she has no right to retain it or when it is contrary to his or her duty to retain it; or
(c)
fails to comply with a direction given by lawful authority with respect to the retention or disposal of a prescribed sketch, plan, photograph, model, cipher, note, document or article;
(3)
If a person communicates a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, to a person, other than:
(a)
a person to whom he or she is authorized to communicate it; or
(b)
a person to whom it is, in the interest of the Commonwealth or a part of the Queen
'
s dominions, his or her duty to communicate it;
(4)
If a person:
(a)
retains a prescribed sketch, plan, photograph, model, cipher, note, document or article in his or her possession or control when he or she has no right to retain it or when it is contrary to his or her duty to retain it;
(b)
fails to comply with a direction given by lawful authority with respect to the retention or disposal of a prescribed sketch, plan, photograph, model, cipher, note, document or article; or
(c)
fails to take reasonable care of a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, or to ensure that it is not communicated to a person not authorized to receive it or so conducts himself or herself as to endanger its safety;
(5)
If a person receives any sketch, plan, photograph, model, cipher, note, document, article or information, knowing or having reasonable ground to believe, at the time when he or she receives it, that it is communicated to him or her in contravention of section
91.1
of the
Criminal Code
or subsection (2) of this section, he or she commits an indictable offence unless he or she proves that the communication was contrary to his or her desire.
(6)
If a person receives any sketch, plan, photograph, model, cipher, note, document, article or information, knowing, or having reasonable ground to believe, at the time when he or she receives it, that it is communicated to him or her in contravention of subsection (3), he or she commits an offence unless he or she proves that the communication was contrary to his or her desire.
(7)
On a prosecution under subsection (2) it is not necessary to show that the accused person was guilty of a particular act tending to show an intention to prejudice the security or defence of the Commonwealth or a part of the Queen
'
s dominions and, notwithstanding that such an act is not proved against him, he or she may be convicted if, from the circumstances of the case, from his or her conduct or from his or her known character as proved, it appears that his or her intention was to prejudice the security or defence of the Commonwealth or a part of the Queen
'
s dominions.
(8)
On a prosecution under this section, evidence is not admissible by virtue of subsection (7) if the magistrate exercising jurisdiction with respect to the examination and commitment for trial of the defendant, or the judge presiding at the trial, as the case may be, is of the opinion that that evidence, if admitted:
(a)
would not tend to show that the defendant intended to prejudice the security or defence of the Commonwealth or a part of the Queen
'
s dominions; or
(b)
would, having regard to all the circumstances of the case and notwithstanding subsection (9), prejudice the fair trial of the defendant.
(9)
If evidence referred to in subsection (8) is admitted at the trial, the judge shall direct the jury that the evidence may be taken into account by the jury only on the question whether the defendant intended to prejudice the security or defence of the Commonwealth or a part of the Queen
'
s dominions and must be disregarded by the jury in relation to any other question.
(10)
A person charged with an offence against subsection (2) may be found guilty of an offence against subsection (3) or (4) and a person charged with an offence against subsection (5) may be found guilty of an offence against subsection (6).
S 79 amended by No 91 of 2002, s 3 and Sch 1 item 2, by substituting " security or defence " for " safety or defence " (wherever occurring), effective 28 November 2002. For transitional provision, see note under former s 78.
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