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