If they intended to hurt our security interests it's 5 years extra jail - even if they didn't it's still jail.

One of the ways we're different from, say, Somalia is the Rule of Law.

There was a time when we took the Crimes Act seriously and even Editors in Chief of news media outlets would tremble before it.   When the high and mighty take it on themselves to decide what is in the public interest, they would do well to make sure the public agree.

 

CRIMES ACT 1914 - SECT 79

Official secrets

             (1)  For the purposes of this section, a sketch, plan, photograph, model, cipher, note, document, or article is a prescribed sketch, plan, photograph, model, cipher, note, document or article in relation to a person, and information is prescribed information in relation to a person, if the person has it in his or her possession or control and:

 

                     (a)  it has been made or obtained in contravention of this Part or in contravention of section 91.1 of the Criminal Code ;

 

 

Mr snowden

That's Mr Snowden, currently residing with friends of our enemies.

(3)  If a person communicates a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, to a person, other than:

                     (a)  a person to whom he or she is authorized to communicate it; or

 

                     (b)  a person to whom it is, in the interest of the Commonwealth or a part of the Queen's dominions, his or her duty to communicate it;

 

or permits a person, other than a person referred to in paragraph (a) or (b), to have access to it, he or she shall be guilty of an offence.

 

Penalty:  Imprisonment for 2 years.   Add 5 years if it's done with the intention to harm our security.

Mr Snowden's digital possession was transmitted to the custody of  Ms Catherine Viner from The Guardian.   Sadlly, she is no such thing.

 

Viner

(Catherine Viner from The Guardian newspaper who received the documents from Snowden)

(6)  If a person receives any sketch, plan, photograph, model, cipher, note, document, article or information, knowing, or having reasonable ground to believe, at the time when he or she receives it, that it is communicated to him or her in contravention of subsection (3), he or she shall be guilty of an offence unless he or she proves that the communication was contrary to his or her desire.

Penalty:  Imprisonment for 2 years.

 

Ms Viner passed them on to the ABC.  From what Mark "public interest" Scott tells us, there was a bit of a chat between him and Ms Viner as they coordinated their efforts to achieve the maximum "public interest".

Besides employing makeup artists capable of creating the Les Paterson look, the ABC takes three quarters of a million dollars every year to pay for an Editor in Chief to make certain the ABC does not public the things it should not publish and does publish those things it should.   In the former forbidden category would be our official secrets in the latter would be court proceedings against a sitting prime minister released by the court for publication.

Les patterson makeup scott

Amongst our friends from the Left, keen on free and open trade in people between Indonesia and Australia, there has been a push to downplay old-fashioned crimes so they're not viewed as crimes at all.   That's really up to all of us to decide, not just the progressives whose reward is to feel good while others clean up the mess. 

There is so much law to chose from and so many lawyers to render learned opinions.   ranging from the bush lawyer keenly out of the blocks  like me to the gravitas laden Geoffrey Robertson QC who will be biding his time before the PR company decides the moment of maximum exposure has arrived.

http://www.comlaw.gov.au/Details/C2013C00366/Html/Text#_Toc369269041

Division 91Offences relating to espionage and similar activities

91.1  Espionage and similar activities

             (1)  A person commits an offence if:

                     (a)  the person communicates, or makes available:

                              (i)  information concerning the Commonwealth’s security or defence; or

                             (ii)  information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

                     (b)  the person does so intending to prejudice the Commonwealth’s security or defence; and

                     (c)  the person’s act results in, or is likely to result in, the information being communicated or made available to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation.

Penalty:  Imprisonment for 25 years.

             (2)  A person commits an offence if:

                     (a)  the person communicates, or makes available:

                              (i)  information concerning the Commonwealth’s security or defence; or

                             (ii)  information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

                     (b)  the person does so:

                              (i)  without lawful authority; and

                             (ii)  intending to give an advantage to another country’s security or defence; and

                     (c)  the person’s act results in, or is likely to result in, the information being communicated or made available to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation.

Penalty:  Imprisonment for 25 years.

             (3)  A person commits an offence if:

                     (a)  the person makes, obtains or copies a record (in any form) of:

                              (i)  information concerning the Commonwealth’s security or defence; or

                             (ii)  information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

                     (b)  the person does so:

                              (i)  intending that the record will, or may, be delivered to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation; and

                             (ii)  intending to prejudice the Commonwealth’s security or defence.

Penalty:  Imprisonment for 25 years.

             (4)  A person commits an offence if:

                     (a)  the person makes, obtains or copies a record (in any form) of:

                              (i)  information concerning the Commonwealth’s security or defence; or

                             (ii)  information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

                     (b)  the person does so:

                              (i)  without lawful authority; and

                             (ii)  intending that the record will, or may, be delivered to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation; and

                            (iii)  intending to give an advantage to another country’s security or defence.

Penalty:  Imprisonment for 25 years.

             (5)  For the purposes of subparagraphs (3)(b)(i) and (4)(b)(ii), the person concerned does not need to have a particular country, foreign organisation or person in mind at the time when the person makes, obtains or copies the record.

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