225Offence—unauthorised recording of ACIC information26

225 Offence—unauthorised recording of ACIC information26 (1) A person commits an offence if:27 (a) the person is, or has been, an entrusted person; and28 (b) the person makes a record; and29 (c) the record is of ACIC information; and30 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 233 (d) the ACIC information has come to the knowledge or into the1 possession of the person by reason of the person being, or2 having been, an entrusted person.3 Note 1: For exceptions, see section 226.4 Note 2: For the definitions of ACIC information, entrusted person and5 record, see section 7.6 Penalty: Imprisonment for 3 years or 180 penalty units, or both.7 (2) Strict liability applies to paragraph (1)(a).8 Note: For strict liability, see section 6.1 of the Criminal Code.9 Extended geographical jurisdiction10 (3) Section 15.4 of the Criminal Code (extended geographical11 jurisdiction—category D) applies to an offence against12 subsection (1).13 (4) Subsection (3) does not, by implication, affect the interpretation of14 any other provision of this Act.15 Alternative verdict16 (5) In a prosecution for an offence against subsection (1), the trier of17 fact may find the defendant not guilty of that offence but guilty of18 an offence against subsection 224(1) if:19 (a) the trier of fact:20 (i) is not satisfied that the defendant is guilty of the offence21 against subsection (1); but22 (ii) is satisfied beyond reasonable doubt that the defendant23 is guilty of the offence against subsection 224(1); and24 (b) the defendant has been accorded procedural fairness in25 relation to that finding of guilt.26