120Australian Criminal Intelligence Commission Bill 2026 No. , 2026

120 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (ii) the person knows that the disclosure will endanger the1 health or safety of any person or prejudice the ACIC’s2 ability to obtain intelligence relevant to serious and3 organised crime.4 Penalty: Imprisonment for 10 years or 600 penalty units, or both.5 Strict liability6 (3) Strict liability applies to paragraphs (1)(c), (1)(e), (2)(c) and (2)(e).7 Exception—entrusted persons9 (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 section 116.12 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 Exception—IGIS officials15 (5) Subsections (1) and (2) do not apply if the person discloses16 compelled material for the purpose of an IGIS official exercising a17 power, or performing a function or duty, as an IGIS official.18 Note: A defendant, except for an IGIS official, bears an evidential burden in19 relation to the matters in this subsection (see subsection 13.3(3) of the20 Criminal Code). For IGIS officials, see section 34C of the21 Inspector-General of Intelligence and Security Act 1986.22 Extended geographical jurisdiction23 (6) Section 15.4 of the Criminal Code (extended geographical24 jurisdiction—category D) applies to an offence against25 subsection (1) or (2).26 (7) Subsection (6) does not, by implication, affect the interpretation of27 any other provision of this Act.28 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 121 Alternative verdict1 (8) In a prosecution for an offence against subsection (2), the trier of2 fact may find the defendant not guilty of that offence but guilty of3 an offence against subsection (1) if:4 (a) the trier of fact:5 (i) is not satisfied that the defendant is guilty of the offence6 against subsection (2); but7 (ii) is satisfied beyond reasonable doubt that the defendant8 is guilty of the offence against subsection (1); and9 (b) the defendant has been accorded procedural fairness in10 relation to that finding of guilt.11 116 Offence—disclosure of compelled material subject to a direction12 by entrusted persons13 Offence—disclosure of material14 (1) A person commits an offence if:15 (a) the person is, or has been, an entrusted person; and16 (b) the person discloses compelled material (whether or not the17 person is the first to do so); and18 (c) the compelled material came to the knowledge or into the19 possession of the person by reason of the person being an20 entrusted person; and21 (d) a direction has been made under subsection 110(1) that22 covers the compelled material; and23 (e) the direction has not been revoked; and24 (f) the disclosure contravenes the direction; and25 (g) the disclosure is not authorised by or under section 117 or26 subsection 121(1).27 Penalty: Imprisonment for 10 years or 600 penalty units, or both.28 Strict liability29 (2) Strict liability applies to paragraphs (1)(a), (e) and (g).30 Note: For strict liability, see section 6.1 of the Criminal Code.31