Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.6 - Secrecy of information  

Division 122 - Secrecy of information  

SECTION 122.1   Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc.  

Communication of inherently harmful information

(1)    
A person commits an offence if:

(a) the person communicates information; and

(b) the information is inherently harmful information; and

(c) the information was made or obtained by that person by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity.

Note 1:

For exceptions to the offences in this section, see section 122.5 .

Note 2:

The fault elements for this offence are intention for paragraph (1)(a) and recklessness for paragraphs (1)(b) and (c) (see section 5.6 ).

Penalty: Imprisonment for 7 years.

Other dealings with inherently harmful information

(2)    
A person commits an offence if:

(a) the person deals with information (other than by communicating it); and

(b) the information is inherently harmful information; and

(c) the information was made or obtained by that person by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity.

Note:

The fault elements for this offence are intention for paragraph (2)(a) and recklessness for paragraphs (2)(b) and (c) (see section 5.6 ).

Penalty: Imprisonment for 3 years.

Information removed from, or held outside, proper place of custody

(3)    
A person commits an offence if:

(a) the person:

(i) removes information from a proper place of custody for the information; or

(ii) holds information outside a proper place of custody for the information; and

(b) the information is inherently harmful information; and

(c) the information was made or obtained by that person by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity.

Note:

The fault elements for this offence are intention for paragraph (3)(a) and recklessness for paragraphs (3)(b) and (c) (see section 5.6 ).

Penalty: Imprisonment for 3 years.

Failure to comply with direction regarding information

(4)    
A person commits an offence if:

(a) the person is given a direction; and

(b) the direction is a lawful direction regarding the retention, use or disposal of information; and

(c) the person fails to comply with the direction; and

(ca) the failure to comply with the direction results in a risk to the security of the information; and

(d) the information is inherently harmful information; and

(e) the information was made or obtained by that person by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity.

Note:

The fault elements for this offence are intention for paragraph (4)(c) and recklessness for paragraphs (4)(a), (b), (ca), (d) and (e) (see section 5.6 ).

Penalty: Imprisonment for 3 years.