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Public Law Mid Session Take Home Assignment

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Answer to problem question on statutory interpretation. Under s 35P(1) “a person commits an offence if the person discloses information and the information relates to a special intelligence operation (SIO).” To decide if this part of the section applies to Ms Bale’s conduct it must first be established that information was disclosed...

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Public Law Mid Session Take Home Assignment
Topics this document covers:
Australian intelligence agencies Australian Security Intelligence Organisation Classified information Government of Australia Government National security
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Topics this document covers:
Australian intelligence agencies Australian Security Intelligence Organisation Classified information Government of Australia Government National security
Sample Text:
”i To decide if this part of the section applies to Ms Bale’s conduct it must first be established that information was disclosed. According to the Explanatory Memorandum, in s 35P ‘disclose’ refers to “the making available of information to others by any means.”ii There is no requirement of proof that information was received or that there was an intention to disclose.iii Given that the information was published in a front-page story in the Sydney Morning Telegraph, it is reasonable to accept that information was made available to others and therefore disclosed. It is then important to consider whether it was Ms Bale who disclosed the information. It could be reasoned that the informant should be held responsible for disclosing the information because he or she was the first person to make the information avai...
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