92ADisclosing the identity of ASIO employees and ASIO affiliates

#### 92A Disclosing the identity of ASIO employees and ASIO affiliates Offence (1) A person (the defendant) commits an offence if: (a) either: (i) the defendant discloses information to another person; or (ii) the defendant engages in conduct that results in information being disclosed to another person; and (b) any of the following applies: (i) the information identifies a person as being an ASIO employee, a former ASIO employee, an ASIO affiliate or a former ASIO affiliate; (ii) the information could reasonably lead to establishing the identity of a person as being an ASIO employee, a former ASIO employee, an ASIO affiliate or a former ASIO affiliate; (iii) the identity of a person as being an ASIO employee, a former ASIO employee, an ASIO affiliate or a former ASIO affiliate could reasonably be inferred from the information; and (c) any of the following applies: (i) the defendant intends to endanger the health or safety of a person; (ii) the defendant intends to prejudice the effective performance of the functions or duties, or the effective exercise of the powers, of the Organisation; (iii) the defendant knows that the disclosure will endanger the health or safety of a person; (iv) the defendant knows that the disclosure will prejudice the effective performance of the functions or duties, or the effective exercise of the powers, of the Organisation. Penalty: Imprisonment for 10 years. Extended geographical jurisdiction (2) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) of this section. (3) Subsection (2) does not, by implication, affect the interpretation of any other provision of this Act or another Act. Attorney‑General’s involvement in prosecution of offences (4) A prosecution for an offence against subsection (1) may only be instituted by, or with the consent of, the Attorney‑General. > Note: For communication of information about an offence against this section to appropriate authorities, see subsection 18(3).