Secrecy offences for members of the public
There are general secrecy offences that apply to everyone. These are contained in section 122.4A of the Criminal Code. They make it an offence to communicate or deal with information that:
- has a security classification of SECRET or TOP SECRET
- would damage the security or defence of Australia
- interferes with or prejudices the prevention, detection, investigation, prosecution or punishment of a criminal offence against a law of the Commonwealth
- harms or prejudices the health or safety of the Australian public or a section of the Australian public.
These offences apply if the information was made or obtained by another person by reason of that person being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity.
Communicating information can include disclosing, publishing or making information available. Dealing with information can include receiving, possessing, storing, making a record of, or altering information.
How specific secrecy offences apply to you
There are a range of specific secrecy offences in Commonwealth legislation. These offences primarily apply to current and former Commonwealth officers and service providers. They are often found in legislation establishing an agency or regulatory scheme.
If you are dealing with information originating in a Commonwealth agency or under a regulatory scheme, you should consider if the legislation establishing that agency or regulatory scheme contains secrecy offences that apply to you. If it does, it’s important to understand your obligations.
Visit Overview of secrecy offences to find out how to assess whether a specific secrecy offence applies to you, and what you need to do to meet your obligations.
When you can lawfully share information
There are defences and exceptions that may be applicable to the sharing of certain information. You can find these listed in legislation that provides secrecy offences. For example, section 122.5 of the Criminal Code includes defences for sharing information that is already lawfully public. It also covers information that is communicated:
- to a Commonwealth oversight or integrity agency
- to a court or tribunal
- with the consent of the person to whom the information relates, or by the person to whom it relates
- for the purpose of obtaining or providing legal advice
- for the purpose of reporting a criminal offence or maladministration
- in accordance with the Public Interest Disclosure Act 2013 or the Freedom of Information Act 1982
- by someone engaged in the business of reporting news, such as a journalist.