Criminal Code Act 1995

A person commits an offence against this section if:

the person commits an offence against section 91.1 (other than subsection 91.1(1)), 91.2 or 91.3 (the underlying offence); and

any of the following circumstances exist in relation to the commission of the underlying offence:

the person dealt with information or an article from a foreign intelligence agency;

the person dealt with 5 or more records or articles each of which has a security classification;

the person altered a record or article to remove or conceal its security classification;

at the time the person dealt with the information or article, the person held an Australian Government security clearance allowing access to information that has, or articles that have, a security classification of at least secret.

if the penalty for the underlying offence is imprisonment for 25 years—imprisonment for life; or

if the penalty for the underlying offence is imprisonment for 20 years—imprisonment for 25 years.

There is no fault element for the physical element in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.

To avoid doubt, a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence.

To avoid doubt, the person may be convicted of an offence against this section even if the person has not been convicted of the underlying offence.

An alternative verdict may be available for an offence against this section (see section 93.5).