Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 213

213 Secrecy

(1) This section applies to a person who is or was—

(a) a relevant official; or

(b) a member of the reference committee; or

(c) a person to whom information is given either by the commission or by a person mentioned in paragraph (a) or (b) on the understanding, express or implied, that the information is confidential.

(2) A person must not make a record of, or wilfully disclose, information that has come to the person’s knowledge because the person is or was a person to whom this section applies.

Penalty—

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

(3) However, a person does not contravene subsection (2) if—

(a) in the case of a record—

(i) the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or

(ii) the making of the record was lawful under a repealed Act; or

(b) in the case of a disclosure—

(i) the disclosure is made—

(A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or

(B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or

(ii) the disclosure was lawful under a repealed Act; or

(c) in the case of a record or a disclosure—the information was publicly available.

(4) A person may not be required to produce in any court a document that has come into the person’s possession, or to disclose to any court a matter or thing that has come to the person’s notice, because the person is or was a person to whom this section applies, unless—

(a) the commission, or a commissioner in the commissioner’s official capacity, or the chief executive officer in the chief executive officer’s official capacity, is a party to the relevant proceeding; or

(b) it is necessary to produce the document or disclose the matter or thing—

(i) to give effect to this Act; or

(ii) for a prosecution started as a result of an investigation conducted by the commission.

(5) In this section—

"commission officer" includes a person who was an assistant commissioner or part-time commissioner under this Act as in force before the commencement of this definition.

"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

"produce" includes permit access to.

"relevant official" means a person who is or was one of the following—

(a) a commission officer;

(b) a member of the parliamentary committee;

(c) the parliamentary commissioner;

(d) an officer of the parliamentary service;

(e) a person appointed, engaged or assigned to help the parliamentary committee or the parliamentary commissioner;

(f) the public interest monitor;

(g) a person mentioned in section 132 of the repealed Criminal Justice Act 1989 ;

(h) a person to whom section 126 of the repealed Crime Commission Act 1997 applied.

"repealed Act" means—

(a) repealed Criminal Justice Act 1989 ;

(b) repealed Crime Commission Act 1997 .