118Australian Criminal Intelligence Commission Bill 2026 No. , 2026

118 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Penalty: Imprisonment for 5 years or 300 penalty units, or both.1 Strict liability2 (3) Strict liability applies to paragraphs (1)(c) and (2)(c).3 Note: For strict liability, see section 6.1 of the Criminal Code.4 Exception—entrusted persons5 (4) Subsection (1) does not apply to an entrusted person.6 Note 1: For offences about the use and disclosure of information by entrusted7 persons, see Division 3 of Part 8.8 Note 2: A defendant bears an evidential burden in relation to the matters in9 this subsection: see subsection 13.3(3) of the Criminal Code.10 Exception—IGIS officials11 (5) Subsections (1) and (2) do not apply if the person uses compelled12 material for the purpose of an IGIS official exercising a power, or13 performing a function or duty, as an IGIS official.14 Note: A defendant, except for an IGIS official, bears an evidential burden in15 relation to the matters in this subsection (see subsection 13.3(3) of the16 Criminal Code). For IGIS officials, see section 34C of the17 Inspector-General of Intelligence and Security Act 1986.18 Extended geographical jurisdiction19 (6) Section 15.4 of the Criminal Code (extended geographical20 jurisdiction—category D) applies to an offence against21 subsection (1) or (2).22 (7) Subsection (6) does not, by implication, affect the interpretation of23 any other provision of this Act.24 Alternative verdict25 (8) In a prosecution for an offence against subsection (2), the trier of26 fact may find the defendant not guilty of that offence but guilty of27 an offence against subsection (1) if:28 (a) the trier of fact:29 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 119 (i) is not satisfied that the defendant is guilty of the offence1 against subsection (2); but2 (ii) is satisfied beyond reasonable doubt that the defendant3 is guilty of the offence against subsection (1); and4 (b) the defendant has been accorded procedural fairness in5 relation to that finding of guilt.6