106Offences—failure to comply with non-disclosure notation3

106 Offences—failure to comply with non-disclosure notation3 Failure to comply with non-disclosure notation—general offence4 (1) A person commits an offence if:5 (a) the person is served with a notice to produce, or summons,6 that includes a non-disclosure notation; and7 (b) the non-disclosure notation has not been cancelled; and8 (c) the person discloses the existence of, or any information9 about, a thing; and10 (d) the thing is:11 (i) the notice or summons; or12 (ii) any official matter connected with the notice or13 summons.14 Penalty: Imprisonment for 5 years or 300 penalty units, or both.15 Failure to comply non-disclosure notation—aggravated offence16 (2) A person commits an offence if:17 (a) the person is served with a notice to produce, or summons,18 that includes a non-disclosure notation; and19 (b) the non-disclosure notation has not been cancelled; and20 (c) the person discloses the existence of, or any information21 about, a thing; and22 (d) the thing is:23 (i) the notice or summons; or24 (ii) any official matter connected with the notice or25 summons; and26 (e) either or both of the following subparagraphs apply:27 (i) the person intends to endanger the health or safety of28 any person or prejudice the ACIC’s ability to obtain29 intelligence relevant to serious and organised crime;30 (ii) the person knows that the disclosure will endanger the31 health or safety of any person or prejudice the ACIC’s32 106 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 ability to obtain intelligence relevant to serious and1 organised crime.2 Penalty: Imprisonment for 10 years or 600 penalty units, or both.3 Strict liability4 (3) Strict liability applies to paragraphs (1)(b) and (2)(b).5 Note: For strict liability, see section 6.1 of the Criminal Code.6 Exceptions7 (4) Subsections (1) and (2) do not apply if the disclosure is made:8 (a) in the circumstances, if any, permitted by the notation; or9 (b) to a legal practitioner if the notation does not prohibit the10 disclosure of information to the legal practitioner and the11 disclosure is for the purpose of either:12 (i) obtaining legal advice or representation in relation to the13 notice or summons, or any official matter connected14 with the notice or summons; or15 (ii) seeking assistance under section 269 in relation to the16 notice or summons or any official matter connected with17 the notice or summons; or18 (c) to a legal aid officer for the purpose of seeking assistance:19 (i) in relation to the notice or summons or any official20 matter connected with the notice or summons; or21 (ii) under section 269 in relation to the notice or summons22 or any official matter connected with the notice or23 summons; or24 (d) by a body corporate to an officer or agent of the body25 corporate for the purpose of ensuring compliance with the26 notice or summons; or27 (e) by a legal practitioner for the purpose of obtaining the28 agreement of a client as referred to in subsection 125(2) to29 the legal practitioner answering a question, giving30 information, or producing a document; or31 (f) to an IGIS official for the purpose of the IGIS official32 exercising a power, or performing a function or duty, as an33 IGIS official; or34 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 107 (g) as a NACC disclosure within the meaning of the National1 Anti-Corruption Commission Act 2022.2 Note: A defendant bears an evidential burden in relation to the matters in3 this subsection: see subsection 13.3(3) of the Criminal Code.4 Extended geographical jurisdiction5 (5) Section 15.4 of the Criminal Code (extended geographical6 jurisdiction—category D) applies to an offence against7 subsection (1) or (2).8 (6) Subsection (5) does not, by implication, affect the interpretation of9 any other provision of this Act.10 Alternative verdict11 (7) In a prosecution for an offence against subsection (2), the trier of12 fact may find the defendant not guilty of that offence but guilty of13 an offence against subsection (1) if:14 (a) the trier of fact:15 (i) is not satisfied that the defendant is guilty of the offence16 against subsection (2); but17 (ii) is satisfied beyond reasonable doubt that the defendant18 is guilty of the offence against subsection (1); and19 (b) the defendant has been accorded procedural fairness in20 relation to that finding of guilt.21 Interpretation22 (8) A reference in this section to disclosing the existence of a thing23 includes a reference to disclosing information from which a person24 could reasonably be expected to infer the existence of the thing.25