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NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 26 Unauthorised communication of information

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 26

Unauthorised communication of information

  (1)   Where:

  (a)   a person, without reasonable excuse, communicates to another person information of a kind referred to in the definition of associated technology in subsection   4(1); and

  (b)   the communication:

  (i)   is not required or authorised by this Act; and

  (ii)   is not made in accordance with an authority granted under section   18;

the first - mentioned person commits an offence against this subsection punishable, upon conviction, by imprisonment for not more than 10 years .

  (2)   Subsection   ( 1) does not apply to the communication of information by a Commonwealth officer or a prescribed authority of the Commonwealth in the course of:

  (a)   the collection, maintenance or assessment, on behalf of the Australian Government, of information relating to nuclear activities or to disarmament; or

  (b)   the giving of information or advice to the Australian Government in relation to nuclear activities or to disarmament.

  (3)   Without limiting the generality of subsection   ( 2), subsection   ( 1) does not apply to the communication of information by:

  (a)   the Director; or

  (b)   an inspector or Agency inspector;

in the course of the performance of a function or duty, or the exercise of a power, under this Act or the regulations.

  (4)   Subsection   ( 1) does not apply to the communication of information by a Commonwealth officer in the course of:

  (a)   the performance of a function or duty, or the exercise of a power, under the Patents Act 1990 or regulations under that Act; or

  (b)   the performance of duties in the Patent Office.

  (4A)   Subsection   ( 1) does not apply to the communication of information that is in accordance with a prescribed international agreement.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 4A) (see subsection   13.3(3) of the Criminal Code ).

  (5)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   ( 1) of this section.