148Offence—unauthorised communication of information by other1

148 Offence—unauthorised communication of information by other1 persons2 Communication by other persons—general offence3 (a) the person communicates information; and5 (b) the information relates to a controlled intelligence operation;6 and7 (c) the communication will endanger the health or safety of any8 person or prejudice the ACIC’s ability to obtain intelligence9 relevant to serious and organised crime.10 Penalty: Imprisonment for 5 years or 300 penalty units, or both.11 Communication by other persons—aggravated offence12 (2) A person commits an offence if:13 (a) the person communicates information; and14 (b) the information relates to a controlled intelligence operation;15 and16 (c) either or both of the following subparagraphs apply:17 (i) the person intends to endanger the health or safety of18 any person or prejudice the ACIC’s ability to obtain19 intelligence relevant to serious and organised crime;20 (ii) the person knows that the communication will endanger21 the health or safety of any person or prejudice the22 ACIC’s ability to obtain intelligence relevant to serious23 and organised crime.24 Penalty: Imprisonment for 10 years or 600 penalty units, or both.25 Exceptions26 (3) Subsections (1) and (2) do not apply if the communication is:27 (a) in connection with the administration or execution of this28 Part; or29 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 159 (b) for the purposes of any legal proceedings arising out of, or1 otherwise related to, this Part or of any report of any such2 proceedings; or3 (c) authorised or required by this Act or another law of the4 Commonwealth; or5 (d) in connection with the performance of functions, or the6 exercise of powers, of the ACIC; or7 (e) for the purpose of obtaining legal advice in relation to the8 controlled intelligence operation; or9 (f) to an IGIS official for the purpose of exercising powers, or10 performing functions or duties, as an IGIS official; or11 (g) by an IGIS official in connection with the IGIS official12 exercising powers, or performing functions or duties, as an13 IGIS official; or14 (h) a NACC disclosure within the meaning of the National15 Anti-Corruption Commission Act 2022; or16 (i) to a staff member of the NACC (within the meaning of the17 National Anti-Corruption Commission Act 2022) in18 connection with the staff member exercising powers, or19 performing functions or duties, as a staff member of the20 NACC; or21 (j) by a staff member of the NACC (within the meaning of the22 National Anti-Corruption Commission Act 2022) in23 connection with the staff member exercising powers, or24 performing functions or duties, as a staff member of the25 NACC.26 Note: A defendant, except for an IGIS official, bears an evidential burden in27 relation to the matters in this subsection (see subsection 13.3(3) of the28 Criminal Code). For IGIS officials, see section 34C of the29 Inspector-General of Intelligence and Security Act 1986.30 (4) Subsections (1) and (2) do not apply to a person communicating31 information if:32 (a) the information has already been communicated, or made33 available, to the public (the prior publication); and34 (b) the prior publication was not made with the authority of the35 Commonwealth; and36