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Intelligence Services Bill 2001

Part 6 Miscellaneous

   

39   Communication of certain information—ASIS

             (1)  A person is guilty of an offence if:

                     (a)  the person communicates any information or matter that was prepared by or on behalf of ASIS in connection with its functions or relates to the performance by ASIS 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)  his or her being, or having been, a staff member or agent of ASIS; or

                             (ii)  his or her having entered into any contract, agreement or arrangement with ASIS; or

                            (iii)  his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ASIS; 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 or agent, 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 2 years or 120 penalty units, or both.

             (2)  A prosecution for an offence against subsection (1) may be instituted only by the Attorney-General or with the Attorney-General’s consent.

40   Communication of certain information—DSD

             (1)  A person is guilty of an offence if:

                     (a)  the person communicates any information or matter that was prepared by or on behalf of DSD in connection with its functions or relates to the performance by DSD 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)  his or her being, or having been, a staff member of DSD; or

                             (ii)  his or her having entered into any contract, agreement or arrangement with DSD; or

                            (iii)  his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with DSD; and

                     (c)  the communication was not made:

                              (i)  to the Director or a staff member by the person in the course of the person’s duties as a staff member; or

                             (ii)  to the Director 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; or

                            (iv)  with the approval of the Director or of a staff member having the authority of the Director to give such an approval.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

             (2)  A prosecution for an offence against subsection (1) may be instituted only by the Attorney-General or with the Attorney-General’s consent.

41   Publication of identity of staff

             (1)  A person is guilty of an offence:

                     (a)  if:

                              (i)  the person identifies a person as being, or having been, an agent or staff member of ASIS; and

                             (ii)  the identification is not of the Director-General or such other persons as the Director-General determines; or

                     (b)  if:

                              (i)  the person makes public any information from which the identity of such a person could reasonably be inferred, or any information that could reasonably lead to the identity of such a person being established; and

                             (ii)  the Minister or Director-General has not consented in writing to the information being made public; and

                            (iii)  the information has not been made public by means of broadcasting or reporting proceedings of the Parliament (other than proceedings of the Committee) as authorised by the Parliament.

Penalty:  Imprisonment for 1 year or 60 penalty units, or both.

Note:          For agent and staff member see section 3.

             (2)  A prosecution for an offence against subsection (1) may be instituted only by the Attorney-General or with the Attorney-General’s consent.

42   Annual report

                   As soon as practicable after each year ending on 30 June, the Director-General must give to the Minister a report on the activities of ASIS during the year.

43   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted to be prescribed by this Act; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.