18Communication of intelligence etc.

#### 18 Communication of intelligence etc. Who may communicate intelligence (1) The communication of intelligence on behalf of the Organisation shall be made only by the Director‑General or by a person acting within the limits of authority conferred on the person by the Director‑General. Offence for unauthorised communication of information or matter (2) A person commits an offence if: (a) the person makes a communication of any information or matter; and (b) the information or matter has come to the knowledge or into the possession of the person by reason of: (i) his or her being, or having been, an ASIO employee; or (ii) his or her being, or having been, an ASIO affiliate; or (iii) his or her having entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate); and (c) the information or matter: (i) was acquired or prepared by or on behalf of the Organisation in connection with its functions; or (ii) relates to the performance by the Organisation of its functions; and (d) the communication was not made to the Director‑General, an ASIO employee or an ASIO affiliate: (i) by an ASIO employee, in the course of the ASIO employee’s duties; or (ii) by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation; or (iii) by a person who has entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate), in accordance with the contract, agreement or arrangement; and (e) the communication was not made by a person acting within the limits of authority conferred on the person by the Director‑General; and (f) the communication was not made with the approval of the Director‑General or of a person having the authority of the Director‑General to give such an approval. Penalty: Imprisonment for 10 years. Exception—information or matter lawfully available (2A) Subsection (2) does not apply to information or matter that has already been communicated or made available to the public with the authority of the Commonwealth. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). Exception—IGIS officials (2B) Subsection (2) does not apply if the person communicates the information or matter to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code). Communicating information to appropriate authorities of the Commonwealth or a State (3) A person referred to in subsection (1) may communicate information to a person referred to in subsection (4) if: (a) the information has come into the possession of the Organisation in the course of performing the Organisation’s functions under section 17; and (b) either: (i) the information relates, or appears to relate, to the commission, or intended commission, of a serious crime; or (ii) the Director‑General, or a person authorised for the purpose by the Director‑General, is satisfied that the national interest requires the communication; and (c) the information relates, or appears to relate, to the performance of the functions, responsibilities or duties of the person referred to in subsection (4). > Note: There are additional restrictions, in the Telecommunications (Interception and Access) Act 1979, on communicating telecommunications information. (4) The persons to whom information may be communicated under subsection (3) are the following: (a) a Minister; (b) a staff member of an authority of the Commonwealth; (c) a staff member of an authority of a State. Communicating information to ASIS, ASD and AGO (4A) A person referred to in subsection (1) may communicate information to a staff member of ASIS, ASD or AGO if: (a) the information has come into the possession of the Organisation in the course of performing the Organisation’s functions under section 17; and (b) the information relates, or appears to relate, to the performance of ASIS, ASD or AGO’s functions (as the case requires). Communicating information in relation to emergency declarations (4B) A person referred to in subsection (1) may communicate information, in accordance with Part VIA of the Privacy Act 1988, if: (a) the information has come into the possession of the Organisation in the course of performing its functions under section 17; and (b) an emergency declaration (within the meaning of section 80G of that Act) is in force. Communicating information to the Australian Designated Authority etc. (5) A person referred to in subsection (1) may communicate information to: (a) the Australian Designated Authority (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); or (b) an APS employee in the Attorney‑General’s Department (within the meaning of that Schedule); for the purpose of the Australian Designated Authority exercising a power, or performing a function, under that Schedule.