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Australia – Standards – Disclosure – Classified

Australia – Standards – Disclosure – Classified

33. Despite section 29, conduct is not disclosable conduct if it is:

(a) conduct that an intelligence agency engages in in the proper performance of its functions or the proper exercise of its powers; or

(b) conduct that a public official who belongs to an intelligence agency engages in for the purposes of the proper performance of its functions or the proper exercise of its powers.

 

41.(1) Each of the following is intelligence information:

(a) information that has originated with, or has been received from, an intelligence agency;

(b) information that is about, or that might reveal:

(i) a source of information referred to in paragraph (a) ; or

(ii) the technologies or methods used, proposed to be used, or being developed for use, by an intelligence agency to collect, analyse, secure or otherwise deal with, information referred to in paragraph (a) ; or

(iii) operations that have been, are being, or are proposed to be, undertaken by an intelligence agency;

(c) information:

(i) that has been received by a public official from an authority of a foreign government, being an authority that has functions similar to the functions of an intelligence agency; and

(ii) that is about, or that might reveal, a matter communicated by that authority in confidence;

(d) information that has originated with, or has been received from, the Defence Department and that is about, or that might reveal:

(i) the collection, reporting, or analysis of operational intelligence; or

(ii) a program under which a foreign government provides restricted access to technology;

(e) information that includes a summary of, or an extract from, information referred to in paragraph (a), (b) , (c) or (d) ;

(f) information:

(i) that identifies a person as being, or having been, an agent or member of the staff (however described) of the Australian Secret Intelligence Service or the Australian Security Intelligence Organisation (other than a person referred to in subsection (3) ) ; or

(ii) from which the identity of a person who is, or has been, such an agent or member of staff (however described) could reasonably be inferred; or

(iii) that could reasonably lead to the identity of such an agent or member of staff (however described) being established;

(g) sensitive law enforcement information.

(2) Sensitive law enforcement information means information the disclosure of which is reasonably likely to prejudice Australia’s law enforcement interests, including Australia’s interests in the following:

(a) avoiding disruption to national and international efforts relating to law enforcement, criminal intelligence, criminal investigation, foreign intelligence, security intelligence or the integrity of law enforcement agencies;

(b) protecting the technologies and methods used to collect, analyse, secure or otherwise deal with, criminal intelligence, foreign intelligence, security intelligence or intelligence relating to the integrity of law enforcement agencies;

(c) the protection and safety of:

(i) informants or witnesses, or persons associated with informants or witnesses; or

(ii) persons involved in the protection and safety of informants or witnesses;

(d) ensuring that intelligence and law enforcement agencies are not discouraged from giving information to a nation’s government and government agencies.

Referenced Legislation: Public Interest Disclosure Act (2013)

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