Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 18

             (1)  The communication of intelligence on behalf of the Organisation shall be made only by the Director‑General or by a person acting within the limits of authority conferred on the person by the Director‑General.

             (2)  If a person makes a communication of any information or matter that has come to the knowledge or into the possession of the person by reason of his or her being, or having been, an officer or employee of the Organisation or his or her having entered into any contract, agreement or arrangement with the Organisation, being information or matter that was acquired or prepared by or on behalf of the Organisation in connection with its functions or relates to the performance by the Organisation of its functions, other than a communication made:

                     (a)  to the Director‑General or an officer or employee of the Organisation:

                              (i)  by an officer or employee of the Organisation--in the course of the duties of the officer or employee; or

                             (ii)  by a person who has entered into any such contract, agreement or arrangement--in accordance with the contract, agreement or arrangement;

                     (b)  by a person acting within the limits of authority conferred on the person by the Director‑General; or

                     (c)  with the approval of the Director‑General or of an officer of the Organisation having the authority of the Director‑General to give such an approval;

the first‑mentioned person is guilty of an offence.

Penalty:  Imprisonment for 2 years.

             (3)  Notwithstanding paragraph 17(1)(b), the Director‑General or a person authorised for the purpose by the Director‑General may, in accordance with the following paragraphs, communicate information that has come into the possession of the Organisation in the course of performing its functions under section 17:

                     (a)  where the information relates, or appears to relate, to the commission, or intended commission, of an indictable offence against the law of the Commonwealth or of a State or Territory--the information may be communicated to:

                              (i)  an officer of the Police Force of a State or Territory; or

                             (ii)  a member or special member of the Australian Federal Police; or

                            (iii)  the Integrity Commissioner, a staff member of ACLEI or a special investigator; or

                            (iv)  the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC; or

                     (b)  where the information has come into the possession of the Organisation outside Australia or concerns matters outside Australia and the Director‑General or the person so authorised is satisfied that the national interest requires the communication--the information may be communicated to:

                              (i)  a Minister; or

                             (ii)  a Department; or

                            (iii)  an intelligence or security agency; or

                            (iv)  an officer of a Police Force of a State or Territory; or

                             (v)  a member or special member of the Australian Federal Police; or

                          (via)  the Integrity Commissioner, a staff member of ACLEI or a special investigator; or

                            (vi)  the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC; or

                     (c)  if an emergency declaration (within the meaning of section 80G of the Privacy Act 1988 ) is in force--the information may be communicated in accordance with Part VIA of that Act.

             (5)  A prosecution for an offence against subsection (2) shall be instituted only by or with the consent of the Attorney‑General.

             (6)  In this section:

"Integrity Commissioner" has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

"special investigator" has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .

"staff member of ACLEI" has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .