Commonwealth Consolidated Acts

INTELLIGENCE SERVICES ACT 2001 - SECT 40

             (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 of DSD or a staff member by the person in the course of the person's duties as a staff member; or

                             (ii)  to the Director of DSD 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 of DSD; or

                            (iv)  with the approval of the Director of DSD or of a staff member having the authority of the Director of DSD 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.