Revised Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)SCHEDULE 2 - SECRECY
General Outline
1216. Schedule 2 introduces new Part 5.6 and Division 122 into the Criminal Code. New Part 5.6 contains a suite of new Commonwealth secrecy offences. These new offences replace sections 70 and 79 of the Crimes Act and will apply if the information disclosed is inherently harmful (such as security classified information) or would otherwise cause harm to Australia's interests. Separate offences will apply to current and former Commonwealth officers and non-Commonwealth officers. New Division 122 includes defences to ensure the offences do not apply too broadly, including a defence specifically applying to persons engaged in the business of reporting news who reasonably believe that their conduct was in the public interest.