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