39Communication of certain information—ASIS, AGO, DIO and ASD

#### 39 Communication of certain information—ASIS, AGO, DIO and ASD (1) A person commits an offence if: (a) the person communicates any information or matter that was acquired or prepared by or on behalf of ASIS, AGO, DIO or ASD (the relevant agency) in connection with its functions, or relates to the performance by the relevant agency of its functions; and (b) the information or matter has come to the knowledge or into the possession of the person by reason of the person: (i) being, or having been, a staff member of the relevant agency or an agent of ASIS; or (ii) having entered into any contract, agreement or arrangement with the relevant agency; or (iii) having been an employee or agent of a person who has entered into a contract, agreement or arrangement with the relevant agency; and (c) the communication was not made: (i) to the head of the relevant agency or a staff member of the relevant agency by the person in the course of the person’s duties as a staff member; or (ii) to the head of the relevant agency or a staff member of the relevant agency by the person in accordance with a contract, agreement or arrangement; or (iii) by the person in the course of the person’s duties as a staff member or agent, within the limits of authority conferred on the person by the head of the relevant agency; or (iv) with the approval of the head of the relevant agency or of a staff member of the relevant agency having the authority of the head of the relevant agency to give such an approval. Penalty: Imprisonment for 10 years. Exception—information or matter lawfully available (2) Subsection (1) 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 (2): see subsection 13.3(3) of the Criminal Code. Exception—IGIS officials (3) Subsection (1) 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 (3): see subsection 13.3(3) of the Criminal Code. Definitions (4) In this section: > head of the relevant agency means: (a) in relation to ASIS, AGO or ASD—the agency head of the agency; or (b) in relation to DIO—the Director of DIO.