145Effect of being unaware of variation or cancellation of CIO6

145 Effect of being unaware of variation or cancellation of CIO6 authority7 (1) If an authority to conduct a controlled intelligence operation is8 varied in a way that limits its scope, this Part continues to apply to9 a participant in the controlled intelligence operation as if the10 authority had not been varied in that way, for so long as the11 participant:12 (a) is unaware of the variation; and13 (b) is not reckless about the existence of the variation.14 (2) If an authority to conduct a controlled intelligence operation is15 cancelled, this Part continues to apply to a person who was a16 participant in the controlled intelligence operation immediately17 before the cancellation as if the authority had not been cancelled in18 that way, for so long as the person:19 (a) is unaware of the cancellation; and20 (b) is not reckless about the existence of the cancellation.21 (3) For the purposes of this section, a person is reckless about the22 existence of the variation or cancellation of a CIO authority if:23 (a) the person is aware of a substantial risk that the variation or24 cancellation has happened; and25 (b) having regard to the circumstances known to the person, it is26 unjustifiable to take the risk that the variation or cancellation27 has not happened.28 146 Protection from criminal responsibility for certain ancillary29 conduct30 (1) This section applies if:31 Effect of CIO authorities etc. Division 5 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 155 (a) a person engages in conduct (the ancillary conduct) that1 relates to controlled conduct (the related conduct) engaged in2 by another person; and3 (b) engaging in the ancillary conduct is an ancillary offence in4 relation to the offence constituted by the related conduct.5 (2) Despite any other law of the Commonwealth, a State or a Territory,6 the person who engaged in the ancillary conduct is not criminally7 responsible for the ancillary offence, if, at the time the person8 engaged in the ancillary conduct, the person believed the related9 conduct was being engaged in, or would be engaged in, by a10 participant in a controlled intelligence operation authorised under11 this Part.12 156 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 6—Unauthorised communication of information1 relating to controlled intelligence operations2 147 Offence—unauthorised communication of information by a CIO3 entrusted person4 Communication by a CIO entrusted person5 (1) A person commits an offence if:6 (a) the person is, or has been, a CIO entrusted person; and7 (b) information came to the knowledge or into the possession of8 the person in the person’s capacity as a CIO entrusted person;9 and10 (c) the person communicates the information; and11 (d) the information relates to a controlled intelligence operation.12 Penalty: Imprisonment for 10 years or 600 penalty units, or both.13 (2) Strict liability applies to paragraph (1)(a).14 Note: For strict liability, see section 6.1 of the Criminal Code.15 Exceptions16 (3) Subsection (1) does not apply if the communication is:17 (a) in connection with the administration or execution of this18 Part; or19 (b) for the purposes of any legal proceedings arising out of, or20 otherwise related to, this Part or of any report of any such21 proceedings; or22 (c) authorised or required by this Act or another law of the23 Commonwealth; or24 (d) in connection with the performance of functions, or the25 exercise of powers, of the ACIC; or26 (e) for the purpose of obtaining legal advice in relation to the27 controlled intelligence operation; or28 (f) to an IGIS official for the purpose of exercising powers, or29 performing functions or duties, as an IGIS official; or30 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 157 (g) by an IGIS official in connection with the IGIS official1 exercising powers, or performing functions or duties, as an2 IGIS official; or3 (h) a NACC disclosure within the meaning of the National4 Anti-Corruption Commission Act 2022; or5 (i) to a staff member of the NACC (within the meaning of the6 National Anti-Corruption Commission Act 2022) in7 connection with the staff member exercising powers, or8 performing functions or duties, as a staff member of the9 NACC; or10 (j) by a staff member of the NACC (within the meaning of the11 National Anti-Corruption Commission Act 2022) in12 connection with the staff member exercising powers, or13 performing functions or duties, as a staff member of the14 NACC.15 Note: A defendant, except for an IGIS official, bears an evidential burden in16 relation to the matters in this subsection (see subsection 13.3(3) of the17 Criminal Code). For IGIS officials, see section 34C of the18 Inspector-General of Intelligence and Security Act 1986.19 (4) Subsection (1) does not apply to information that has already been20 communicated, or made available, to the public with the authority21 of the Commonwealth.22 Note: A defendant bears an evidential burden in relation to the matters in23 this subsection: see subsection 13.3(3) of the Criminal Code.24 Extended geographical jurisdiction25 (5) Section 15.4 of the Criminal Code (extended geographical26 jurisdiction—category D) applies to an offence against27 subsection (1).28 (6) Subsection (5) does not, by implication, affect the interpretation of29 any other provision of this Act.30