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National Security Information (Criminal and Civil Proceedings) Act 2004
46Offence to disclose information in federal criminal proceedings to certain persons without security clearance etc.
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#### 46 Offence to disclose information in federal criminal proceedings to certain persons without security clearance etc.
A person commits an offence if:
(a) for the purposes of a federal criminal proceeding, the person discloses, other than in giving evidence in that proceeding or in permitted circumstances, information to:
(i) a legal representative of the defendant; or
(ii) a person assisting a legal representative of the defendant; and
(b) the disclosure is likely to prejudice national security; and
(c) none of the following subparagraphs apply:
(i) the legal representative or person mentioned in subparagraph (a)(ii) has a security clearance at the level considered appropriate by the Secretary in relation to the information;
(ii) the disclosure has been approved by the Secretary;
(iii) the disclosure takes place in compliance with conditions approved by the Secretary.
Penalty: Imprisonment for 2 years.