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 122.2   Conduct by current and former Commonwealth officers etc. causing harm to Australia ' s interests  

Communication causing harm to Australia ' s interests

(1)    
A person commits an offence if:

(a) the person communicates information; and

(b) either:

(i) the communication causes harm to Australia ' s interests; or

(ii) the communication will or is likely to cause harm to Australia ' s interests; 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 the definition of cause harm to Australia ' s interests , see section 121.1 .

Note 2:

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

Penalty: Imprisonment for 7 years.

Other conduct causing harm to Australia ' s interests

(2)    
A person commits an offence if:

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

(b) either:

(i) the dealing causes harm to Australia ' s interests; or

(ii) the dealing will or is likely to cause harm to Australia ' s interests; 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.

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) either:

(i) the removal or holding causes harm to Australia ' s interests; or

(ii) the removal or holding will or is likely to cause harm to Australia ' s interests; 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.

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

(d) either:

(i) the failure to comply causes harm to Australia ' s interests; or

(ii) the failure to comply will or is likely to cause harm to Australia ' s interests; 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.

Penalty: Imprisonment for 3 years.