Page:Foreign Interference (Countermeasures) Act 2021.pdf/78

78 :(h) there was no better practicable means than was in fact used to comply with the Part 3 direction.

Non-disclosure of technical assistance directions

46.—(1) A person commits an offence if—
 * (a) the person discloses information without the prior approval of the competent authority;
 * (b) the person is or was—
 * (i) a person to whom a technical assistance direction under this Part is given; or
 * (ii) an employee or a contractor of a person to whom a technical assistance direction under this Part is given; and
 * (c) the information is—
 * (i) information contained in, derived or obtained in accordance with the technical assistance direction; or
 * (ii) information about acts done or omissions taking place in accordance with the direction.

(2) A person who is guilty of an offence under subsection (1) involving a technical assistance direction shall be liable on conviction—
 * (a) where the person is a proprietor of an online location—
 * (i) if an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; or
 * (ii) in any other case, to a fine not exceeding $500,000; or
 * (b) in any other case—
 * (i) if an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or
 * (ii) in any other case, to a fine not exceeding $1 million.