Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 202

202 Publication of names, evidence etc.

(1) A person must not, without the commission’s written consent or contrary to the commission’s order, publish—

(a) an answer given, or document or thing produced, at a commission hearing, or anything about the answer, document or thing; or

(b) information that might enable the existence or identity of a person who is about to give or has given evidence before the commission (
"witness" ) at a hearing to be ascertained.

Penalty—

Maximum penalty—85 penalty units or 1 year’s imprisonment.

(2) A person does not contravene subsection (1) if any of the following applies to the publication—

(a) the answer given, or document or thing produced, was given or produced at a public hearing and the publication is not contrary to the commission’s order;

(b) the witness appeared at a public hearing and the publication is not contrary to the commission’s order;

(c) the publication is made—

(i) for the purpose of defending a charge of an offence and is relevant to the defence; and

(ii) to a person charged with the offence or a lawyer representing a person charged with the offence;

(d) the publication is made for the purpose of making a submission to the parliamentary committee about the conduct of the commission’s investigation;

(e) the publication is made for the purposes of a disciplinary proceeding or to start a prosecution for an offence.

(3) Also, a person does not contravene subsection (1) (b) if—

(a) the person is the witness, or the publication is made with the witness’s implied or express consent; or

(b) the information mentioned in the provision has been generally made known by the witness or by the commission.

(4) The commission may apply to a Supreme Court judge for an order prohibiting a publication mentioned in subsection (2) (e) .

(5) In this section—

"publish" includes publish to a single person, whether the publication is made orally or in writing.