2013-2014-2015

The Parliament of the

Commonwealth of Australia
HOUSE OF REPRESENTATIVES

Presented and read a first time

Foreign Death Penalty Offences

(Preventing Information Disclosure) Bill
2015
No.

, 2015

(Mr Palmer)

A Bill for an Act to prevent the disclosure of

information by public officials in circumstances
that may lead to the imposition of the death penalty
in foreign countries, and for related purposes

Contents
Part 1Preliminary
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Short title ........................................................................................... 1
Commencement ................................................................................. 2
Act binds the Crown .......................................................................... 2
Extension to external Territories ....................................................... 2
Extraterritorial application ................................................................. 2
Definitions ......................................................................................... 2

Part 2Foreign death penalty offences: preventing

information disclosure by public officials
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Foreign death penalty offencespreventing information
disclosure by public officials ............................................................. 3
Extended geographical jurisdiction ................................................... 4
Mandatory minimum sentences ......................................................... 4
Relationship with other laws ............................................................. 5

Foreign Death Penalty Offences (Preventing Information Disclosure)

Bill 2015

A Bill for an Act to prevent the disclosure of

information by public officials in circumstances
that may lead to the imposition of the death penalty
in foreign countries, and for related purposes

The Parliament of Australia enacts:

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Part 1Preliminary
1 Short title
This Act may be cited as the Foreign Death Penalty Offences
(Preventing Information Disclosure) Act 2015.

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Part 1 Preliminary

Section 2
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2 Commencement
This Act commences on the day after this Act receives the Royal
Assent.

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3 Act binds the Crown

(1) This Act binds the Crown in each of its capacities.

(2) This Act does not make the Crown liable to be prosecuted for an
offence.

4 Extension to external Territories

This Act extends to every external Territory.

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5 Extraterritorial application
This Act extends to acts, omissions, matters and things outside
Australia.

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6 Definitions

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In this Act:

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foreign death penalty offence means an offence against the law of

a foreign country, or part of a foreign country, in respect of which
the death penalty may be imposed.

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public official means:

(a) a Commonwealth public official (within the meaning of the
Criminal Code); and
(b) any other public official (within the meaning of the Criminal
Code).

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Foreign Death Penalty Offences (Preventing Information Disclosure)

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Foreign death penalty offences: preventing information disclosure by public officials

Part 2

Section 7

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Part 2Foreign death penalty offences: preventing

information disclosure by public officials
7 Foreign death penalty offencespreventing information
disclosure by public officials
Offence

(1) A person (the defendant) commits an offence if:

(a) the defendant is or was a public official; and
(b) the defendant directly or indirectly discloses information to
another person; and
(c) the information was obtained by the defendant, or came to
the defendants knowledge:
(i) in the course of the performance of his or her duties as a
public official; or
(ii) by reason of being a public official;
whether before or after the commencement of this section;
and
(d) the defendant is reckless as to whether the disclosure will do
any of the following:
(i) result in a person being tried in a foreign country for a
foreign death penalty offence;
(ii) assist in the investigation or prosecution of a person
who is being tried in a foreign country for such an
offence;
(iii) assist in the punishment of a person who has been
convicted in a foreign country of such an offence.

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Penalty: Imprisonment for 15 years.

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ExceptionAttorney-General certificates
(2) Subsection (1) does not apply if the Attorney-General certifies, in
writing, that the disclosure is necessary to prevent, or assist in the

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Part 2 Foreign death penalty offences: preventing information disclosure by public

officials

Section 8
investigation or prosecution of a person suspected of having
engaged in:
(a) a terrorist act (as defined in subsection 100.1(1) of the
Criminal Code); or
(b) an act of violence:
(i) causing a persons death; or
(ii) endangering a persons life.

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Note:

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(3) In subsection (2), a reference to a terrorist act or an act of violence

includes:
(a) a reference to a terrorist act or act of violence (as the case
requires) that does not occur; and
(b) a reference to a specific terrorist act or act of violence (as the
case requires); and
(c) a reference to more than one terrorist act or act of violence
(as the case requires).

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(4) The Attorney-General must cause a copy of a certificate made

under subsection (2) to be published on the Departments website.

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(5) A certificate made under subsection (2) is not a legislative

instrument.

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8 Extended geographical jurisdiction

Section 15.4 (extended geographical jurisdictioncategory D) of
the Criminal Code applies to an offence against section 7.

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A defendant bears an evidential burden in relation to a matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

9 Mandatory minimum sentences

(1) A court must not make an order under section 19B of the Crimes
Act 1914 (discharge of offenders without conviction) in respect of
a charge for an offence against section 7.

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(2) If a person is convicted of an offence against section 7, the court

must impose a sentence of imprisonment of at least 1 year.

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Part 2

Section 10
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10 Relationship with other laws

(1) This Part has effect despite any other law of the Commonwealth, or
of a State or Territory (whether written or unwritten).

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(2) However, subsection (1) does not apply to a provision of an Act if

the provision:
(a) commences after this section commences; and
(b) specifically states that it applies despite this Part.

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