Crimes ACT 1914

CRIMES ACT 1914

CRIMES ACT 1914 SECT 79

79 Official secrets

(1): For the purposes of this section, a sketch, plan, photograph, model, cipher, note, document, or article is a prescribed sketch, plan, photograph, model, cipher, note, document or article in relation to a person, and information is prescribed information in relation to a person, if the person has it in his possession or control and:

(a): it has been made or obtained in contravention of this Part;
(b): it has been entrusted to the person by a Commonwealth officer or a person holding office under the Queen or he has made or obtained it owing to his position as a person:

(i): who is or has been a Commonwealth officer;
(ii): who holds or has held office under the Queen;
(iii): who holds or has held a contract made on behalf of the Queen or the Commonwealth;
(iv): who is or has been employed by or under a person to whom a preceding subparagraph applies; or
(v): acting with the permission of a Minister;

(c): it relates to a prohibited place or anything in a prohibited place and:

(i): he knows; or
(ii): by reason of its nature or the circumstances under which it came into his possession or control or for any other reason, he ought to know;

that it should not be communicated to a person not authorized to receive it.

(2): If a person with the intention of prejudicing the safety or defence of the Commonwealth or a part of the Queen's dominions:

(a): communicates a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, to a person, other than:

(i): a person to whom he is authorized to communicate it; or
(ii): a person to whom it is, in the interest of the Commonwealth or a part of the Queen's dominions, his duty to communicate it;

(b): retains a prescribed sketch, plan, photograph, model, cipher, note, document or article in his possession or control when he has no right to retain it or when it is contrary to his duty to retain it; or
(c): fails to comply with a direction given by lawful authority with respect to the retention or disposal of a prescribed sketch, plan, photograph, model, cipher, note, document or article;

he shall be guilty of an indictable offence.

Penalty: Imprisonment for 7 years.

(3): If a person communicates a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, to a person, other than:

(a): a person to whom he is authorized to communicate it; or
(b): a person to whom it is, in the interest of the Commonwealth or a part of the Queen's dominions, his duty to communicate it;

or permits a person, other than a person referred to in paragraph (a) or (b), to have access to it, he shall be guilty of an offence.

Penalty: Imprisonment for 2 years.

(a): retains a prescribed sketch, plan, photograph, model, cipher, note, document or article in his possession or control when he has no right to retain it or when it is contrary to his duty to retain it;
(b): fails to comply with a direction given by lawful authority with respect to the retention or disposal of a prescribed sketch, plan, photograph, model, cipher, note, document or article; or
(c): fails to take reasonable care of a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, or to ensure that it is not communicated to a person not authorized to receive it or so conducts himself as to endanger its safety;

he shall be guilty of an offence.

Penalty: Imprisonment for 6 months.

(5): If a person receives any sketch, plan, photograph, model, cipher, note, document, article or information, knowing or having reasonable ground to believe, at the time when he receives it, that it is communicated to him in contravention of section 78 or subsection (2) of this section, he shall be guilty of an indictable offence unless he proves that the communication was contrary to his desire.

Penalty: Imprisonment for 7 years.

(6): If a person receives any sketch, plan, photograph, model, cipher, note, document, article or information, knowing, or having reasonable ground to believe, at the time when he receives it, that it is communicated to him in contravention of subsection (3), he shall be guilty of an offence unless he proves that the communication was contrary to his desire.

Penalty: Imprisonment for 2 years.

(7): On a prosecution under subsection (2) it is not necessary to show that the accused person was guilty of a particular act tending to show an intention to prejudice the safety or defence of the Commonwealth or a part of the Queen's dominions and, notwithstanding that such an act is not proved against him, he may be convicted if, from the circumstances of the case, from his conduct or from his known character as proved, it appears that his intention was to prejudice the safety or defence of the Commonwealth or a part of the Queen's dominions.
(8): On a prosecution under this section, evidence is not admissible by virtue of subsection (7) if the magistrate exercising jurisdiction with respect to the examination and commitment for trial of the defendant, or the judge presiding at the trial, as the case may be, is of the opinion that that evidence, if admitted:

(a): would not tend to show that the defendant intended to prejudice the safety or defence of the Commonwealth or a part of the Queen's dominions; or
(b): would, having regard to all the circumstances of the case and notwithstanding subsection (9), prejudice the fair trial of the defendant.

(9): If evidence referred to in subsection (8) is admitted at the trial, the judge shall direct the jury that the evidence may be taken into account by the jury only on the question whether the defendant intended to prejudice the safety or defence of the Commonwealth or a part of the Queen's dominions and must be disregarded by the jury in relation to any other question.
(10): A person charged with an offence against subsection (2) may be found guilty of an offence against subsection (3) or (4) and a person charged with an offence against subsection (5) may be found guilty of an offence against subsection (6).