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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 92

Publication of identity of ASIO employee or ASIO affiliate

             (1)  A person (other than a member of the Committee on Intelligence and Security) shall not, except with the consent in writing of the Minister or of the Director-General, publish or cause to be published in a newspaper or other publication, or by radio broadcast or television, or otherwise make public, any matter stating, or from which it could reasonably be inferred, that a person having a particular name or otherwise identified, or a person residing at a particular address, is:

                     (a)  an ASIO employee or ASIO affiliate, or is in any way connected with an ASIO employee or ASIO affiliate; or

                     (b)  subject to subsection (1B), is a former ASIO employee or former ASIO affiliate or is in any way connected with a former ASIO employee or former ASIO affiliate.

Penalty:  Imprisonment for 10 years.

          (1A)  A member of the Committee referred to in subsection (1) shall not, except with the consent in writing of the Minister or of the Director-General, make public or authorise the publication of, any information acquired by the person by reason of being such a member, being information from which it could reasonably be inferred that a person having a particular name or otherwise identified, or a person residing at a particular address, is:

                     (a)  an ASIO employee or ASIO affiliate, or is in any way connected with an ASIO employee or ASIO affiliate; or

                     (b)  subject to subsection (1B), is a former ASIO employee or former ASIO affiliate, or is in any way connected with a former ASIO employee or former ASIO affiliate.

Penalty:  Imprisonment for 10 years.

          (1B)  Subsections (1) and (1A) do not apply in relation to action taken in respect of a former ASIO employee or former ASIO affiliate:

                     (a)  who has consented in writing to the taking of that action; or

                     (b)  who has caused or permitted the fact that the person is a former ASIO employee or former ASIO affiliate to be made public.

             (2)  Nothing in this section applies to the broadcasting, datacasting or reporting of proceedings in the Parliament (other than proceedings of the Committee referred to in subsection (1)).

             (3)  A prosecution for an offence against this section shall be instituted only by or with the consent of the Attorney-General.

Note:          For communication of information about an offence against this section to appropriate authorities, see subsection 18(3).

   



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