108Australian Criminal Intelligence Commission Bill 2026 No. , 2026

108 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (i) a notice to produce, or summons, that includes a1 non-disclosure notation; or2 (ii) any official matter connected with such a notice or3 summons; and4 (b) the non-disclosure notation has not been cancelled; and5 (c) the first disclosure is permitted under subsection 106(4), or6 subsection (5) of this section; and7 (d) the person discloses (the second disclosure) the existence of,8 or any information about, a thing; and9 (e) the thing is:10 (i) the notice or summons; or11 (ii) any official matter connected with the notice or12 summons.13 Penalty: Imprisonment for 5 years or 300 penalty units, or both.14 Disclosure of information—aggravated offence15 (2) A person commits an offence if:16 (a) a disclosure (the first disclosure) is made to the person about:17 (i) a notice to produce, or summons, that includes a18 non-disclosure notation; or19 (ii) any official matter connected with such a notice or20 summons; and21 (b) the non-disclosure notation has not been cancelled; and22 (c) the first disclosure is permitted under subsection 106(4), or23 subsection (5) of this section; and24 (d) the person discloses (the second disclosure) the existence of,25 or any information about, a thing; and26 (e) the thing is:27 (i) the notice or summons; or28 (ii) any official matter connected with the notice or29 summons; and30 (f) either or both of the following subparagraphs apply:31 (i) the person intends to endanger the health or safety of32 any person or prejudice the ACIC’s ability to obtain33 intelligence relevant to serious and organised crime;34 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 109 (ii) the person knows that the second disclosure will1 endanger the health or safety of any person or prejudice2 the ACIC’s ability to obtain intelligence relevant to3 serious and organised crime.4 Penalty: Imprisonment for 10 years or 600 penalty units, or both.5 Strict liability6 (3) Strict liability applies to paragraphs (1)(b) and (2)(b).7 Exceptions9 (4) Subsections (1) and (2) do not apply to an entrusted person.10 Note 1: For offences about the use and disclosure of information by entrusted11 persons, see Division 3 of Part 8.12 Note 2: A defendant bears an evidential burden in relation to the matters in13 this subsection: see subsection 13.3(3) of the Criminal Code.14 (5) Subsections (1) and (2) do not apply if the person discloses the15 information:16 (a) if the person is a legal practitioner (other than a legal17 practitioner to whom disclosure is prohibited by the18 notation):19 (i) for the purpose of giving legal advice or making20 representations in relation to the notice or summons, or21 any official matter connected with the notice or22 summons; or23 (ii) for the purpose of obtaining assistance under section24 269 in relation to the notice or summons or any official25 matter connected with the notice or summons; or26 (b) if the person is an officer or agent of a body corporate27 referred to in paragraph 106(4)(d):28 (i) to another officer or agent of the body corporate for the29 purpose of ensuring compliance with the notice or30 summons; or31 (ii) to a legal practitioner (other than a legal practitioner to32 whom disclosure is prohibited by the notation) for the33