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PARLIAMENT OF AUSTRALIA HOUSE OF REPRESENTATIVES Foreign death penalty offences: preventing information disclosure by public officials Part 2 Section 7 1 Part 2—Foreign death penalty offences: preventing 2 information disclosure by public officials 3 4 7 Foreign death penalty offences—preventing information 5 disclosure by public officials 6 Offence 7 (1) A person (the defendant) commits an offence if: 8 (a) the defendant is or was a public official; and 9 (b) the defendant directly or indirectly discloses information to 10 another person; and 11 (c) the information was obtained by the defendant, or came to 12 the defendant’s knowledge: 13 (i) in the course of the performance of his or her duties as a 14 public official; or 15 (ii) by reason of being a public official; 16 whether before or after the commencement of this section; 17 and 18 (d) the defendant is reckless as to whether the disclosure will do 19 any of the following: 20 (i) result in a person being tried in a foreign country for a 21 foreign death penalty offence; 22 (ii) assist in the investigation or prosecution of a person 23 who is being tried in a foreign country for such an 24 offence; 25 (iii) assist in the punishment of a person who has been 26 convicted in a foreign country of such an offence. 27 Penalty: Imprisonment for 15 years. 28 Exception—Attorney-General certificates 29 (2) Subsection (1) does not apply if the Attorney-General certifies, in 30 writing, that the disclosure is necessary to prevent, or assist in the 31 investigation or prosecution of a person suspected of having 32 engaged in: 33 (a) a terrorist act (as defined in subsection 100.1(1) of the 34 Criminal Code); or No. , 2015 Foreign Death Penalty Offences (Preventing Information Disclosure) Bill 2015 3 The Last Sentry at the Gate: Clive Palmer & the 44th Parliament of Australia 177


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