35PUnauthorised disclosure of information

35P Unauthorised disclosure of information

Disclosures by entrusted persons (1) A person commits an offence if: (a) the person is, or has been, an entrusted person; and (b) information came to the knowledge or into the possession of the person in the person’s capacity as an entrusted person; and (c) the person discloses the information; and (d) the information relates to a special intelligence operation.

Penalty: Imprisonment for 5 years.

Note: Recklessness is the fault element for paragraphs (1)(b) and (d)—see section 5.6 of the Criminal Code.

(1A) Strict liability applies to paragraph (1)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) A person commits an offence if: (a) the person is, or has been, an entrusted person; and (b) information came to the knowledge or into the possession of the person in the person’s capacity as an entrusted person; and (c) the person discloses the information; and (d) the information relates to a special intelligence operation; and (e) either or both of the following subparagraphs apply: (i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation; (ii) the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.

Penalty: Imprisonment for 10 years.

Note: Recklessness is the fault element for paragraphs (1B)(b) and (d) and subparagraph (1B)(e)(ii)—see section 5.6 of the Criminal Code.

(1C) Strict liability applies to paragraph (1B)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

Other disclosures (2) A person commits an offence if: (a) the person discloses information; and (b) the information relates to a special intelligence operation; and (c) the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.

Penalty: Imprisonment for 5 years.

Note: Recklessness is the fault element for paragraphs (2)(b) and (c)—see section 5.6 of the Criminal Code.

(2A) A person commits an offence if: (a) the person discloses information; and (b) the information relates to a special intelligence operation; and (c) either or both of the following subparagraphs apply: (i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation; (ii) the person knows that the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.