26Unauthorised communication of information

#### 26 Unauthorised communication of information (1) Where: (a) a person, without reasonable excuse, communicates to another person information of a kind referred to in the definition of associated technology in subsection 4(1); and (b) the communication: (i) is not required or authorised by this Act; and (ii) is not made in accordance with an authority granted under section 18; the first‑mentioned person commits an offence against this subsection punishable, upon conviction, by imprisonment for not more than 10 years. (2) Subsection (1) does not apply to the communication of information by a Commonwealth officer or a prescribed authority of the Commonwealth in the course of: (a) the collection, maintenance or assessment, on behalf of the Australian Government, of information relating to nuclear activities or to disarmament; or (b) the giving of information or advice to the Australian Government in relation to nuclear activities or to disarmament. (3) Without limiting the generality of subsection (2), subsection (1) does not apply to the communication of information by: (a) the Director; or (b) an inspector or Agency inspector; in the course of the performance of a function or duty, or the exercise of a power, under this Act or the regulations. (4) Subsection (1) does not apply to the communication of information by a Commonwealth officer in the course of: (a) the performance of a function or duty, or the exercise of a power, under the Patents Act 1990 or regulations under that Act; or (b) the performance of duties in the Patent Office. (4A) Subsection (1) does not apply to the communication of information that is in accordance with a prescribed international agreement. > Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code). (5) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1) of this section.