160Australian Criminal Intelligence Commission Bill 2026 No. , 2026

160 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (c) the person was not involved in the prior publication (whether1 directly or indirectly); and2 (d) at the time of the communication, the person believes that the3 communication:4 (i) will not endanger the health or safety of any person; and5 (ii) will not prejudice the effective conduct of a controlled6 intelligence operation; and7 (e) having regard to the nature, extent and place of the prior8 publication, the person has reasonable grounds for that belief.9 Note: A defendant bears an evidential burden in relation to the matters in10 this subsection: see subsection 13.3(3) of the Criminal Code.11 (5) Subsections (1) and (2) do not apply to information that has12 already been communicated, or made available, to the public with13 the authority of the Commonwealth.14 Note: A defendant bears an evidential burden in relation to the matters in15 this subsection: see subsection 13.3(3) of the Criminal Code.16 Alternative verdict17 (6) In a prosecution for an offence against subsection (2), the trier of18 fact may find the defendant not guilty of that offence but guilty of19 an offence against subsection (1) if:20 (a) the trier of fact:21 (i) is not satisfied that the defendant is guilty of the offence22 against subsection (2); but23 (ii) is satisfied beyond reasonable doubt that the defendant24 is guilty of the offence against subsection (1); and25 (b) the defendant has been accorded procedural fairness in26 relation to that finding of guilt.27 Extended geographical jurisdiction28 (7) Section 15.4 of the Criminal Code (extended geographical29 jurisdiction—category D) applies to an offence against30 subsection (1) or (2).31 (8) Subsection (7) does not, by implication, affect the interpretation of32 any other provision of this Act.33 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 161