AUSTRALIAN BORDER FORCE ACT 2015 - SECT 42 Secrecy

AUSTRALIAN BORDER FORCE ACT 2015 - SECT 42

  (1)   A person commits an offence if:

  (a)   the person is, or has been, an entrusted person; and

  (b)   the person makes a record of, or discloses, information; and

  (c)   the information is Immigration and Border Protection information.

Penalty:   Imprisonment for 2 years.

  (1A)   If the information is Immigration and Border Protection information because of the operation of subsection   4(5) or (6), the fault element of recklessness for paragraph   (1)(c) of this section is taken to be satisfied if the person is reckless as to whether or not whichever of the following applies:

  (a)   the information has a security classification;

  (b)   the information originated with, or was received from, an intelligence agency;

  (c)   the information was provided to the Commonwealth pursuant to a statutory obligation or otherwise by compulsion of law.

Note:   Recklessness is the fault element for paragraph   (1)(c)--see section   5.6 of the Criminal Code .

Exception

  (2)   Subsection   (1) does not apply if:

  (a)   the making of the record or disclosure is authorised by section   43, 44, 45, 47, 48 or 49; or

  (b)   the making of the record or disclosure is in the course of the person's employment or service as an entrusted person; or

  (c)   the making of the record or disclosure is required or authorised by or under a law of the Commonwealth, a State or a Territory; or

  (d)   the making of the record or disclosure is required by an order or direction of a court or tribunal.

Note:   A defendant bears an evidential burden in relation to a matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

Geographical jurisdiction

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