Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person is served with a notice under section 21A that includes a notation under section 21B; and
(b) the person discloses the existence of, or any information about:
(ii) any official matter connected with the notice; and
(c) when the disclosure is made:
(i) the notation has not been cancelled by subsection 21B(6); and
(ii) the period of 5 years after the notice is served under section 21A has not ended.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) Subsection (1) does not apply if the person makes the disclosure:
(a) in any circumstances permitted by the notation; or
(b) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or
(c) to a legal aid officer for the purpose of seeking assistance under section 27 in relation to the notice; or
(d) if the person is a body corporate--to an officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or
(e) if the person is a legal practitioner--for the purpose of obtaining the agreement of another person under subsection 21D(2) to the legal practitioner producing a document or thing; or
(f) to the Ombudsman for the purpose of making a complaint under the Ombudsman Act 1976 ; or
(g) as a NACC disclosure (within the meaning of the National Anti - Corruption Commission Act 2022 ).
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code .
(3) A person commits an offence if:
(a) a disclosure is made to a person about:
(i) a notice under section 21A that includes a notation under section 21B; or
(ii) any official matter connected with such a notice; and
(b) the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and
(c) while the person is a person of that kind, the person discloses the existence of, or any information about:
(ii) any official matter connected with the notice; and
(d) when the disclosure by the person is made:
(i) the notation has not been cancelled by subsection 21B(6); and
(ii) the period of 5 years after the notice is served under section 21A has not ended.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(4) Subsection (3) does not apply if the person discloses the information:
(a) if the person is an officer or agent of a body corporate referred to in paragraph (2)(d):
(i) to another officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or
(ii) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or
(iii) to a legal aid officer for the purpose of seeking assistance under section 27 in relation to the notice; or
(b) if the person is a legal practitioner--for the purpose of giving legal advice, making representations, or seeking assistance under section 27, in relation to the notice; or
(c) if the person is a legal aid officer--for the purpose of obtaining legal advice or representation in relation to the notice; or
(d) to the Ombudsman for the purpose of making a complaint under the Ombudsman Act 1976 ; or
(e) by making a NACC disclosure (within the meaning of the National Anti - Corruption Commission Act 2022 ).
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code .
(5) A person commits an offence if:
(a) a disclosure is made to a person about:
(i) a notice under section 21A that includes a notation under section 21B; or
(ii) any official matter connected with such a notice; and
(b) the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and
(c) when the person is no longer a person of that kind, the person:
(i) makes a record of the notice; or
(ii) discloses the existence of the notice; or
(iii) discloses any information about the notice or the existence of it; and
(d) when the record, or disclosure, is made by the person:
(i) the notation has not been cancelled by subsection 21B(6); and
(ii) the period of 5 years after the notice is served under section 21A has not ended.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(6) A reference in this section to disclosing something's
existence includes disclosing information from which a person could reasonably
be expected to infer its existence.