Office of National Intelligence Act 2018
42Offence—communicating certain information
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42 Offence—communicating certain information
Communication of information or matter (1) A person commits an offence if: (a) the person communicates any information or matter that: (i) was acquired or prepared by or on behalf of ONI in connection with its functions; or (ii) relates or related to the performance by ONI of its functions; and (b) the information or matter has come to the knowledge or into the possession of the person by reason of: (i) the person being, or having been, a staff member of ONI; or (ii) the person having entered into any contract, agreement or arrangement with ONI; or (iii) the person having been an employee or agent of another person who has entered into a contract, agreement or arrangement with ONI; and (c) the communication was not made: (i) to the Director‑General or a staff member by the person in the course of the person’s duties as a staff member; or (ii) to the Director‑General or a staff member 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, within the limits of authority conferred on the person by the Director‑General; or (iv) with the approval of the Director‑General or of a staff member having the authority of the Director‑General 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—communication to 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.
Extended geographical jurisdiction (4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).