Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 346A

346A Protection of particular documents

(1) This section applies to a person who, from any source, has gained, gains, or has access to, a disclosed document.

(2) The person must not—

(a) copy the document; or

(b) use the document for any purpose; or

(c) disclose the document to anyone; or

(d) give access to the document to anyone.

Penalty—

Maximum penalty—500 penalty units or 1 year’s imprisonment.

(3) Subsection (2) does not apply if the copying, use, disclosure or giving access is—

(a) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or

(b) as permitted or required by this Act, the Commissions of Inquiry Act 1950 or the Parliament of Queensland Act 2001 ; or

(c) to perform official duties under the Public Records Act 2002 .

(d) by a person for returning to the commission or the archivist, or for making enquiries of the commission or archivist about the return of, the document in the person’s possession; or

(e) by a person for making enquiries of the commission or the archivist about whether there is a restricted access period for the document; or

(f) by a commission officer or the archivist for providing advice or help to a person mentioned in paragraph (d) or (e) .

(3A) Subsection (2) ceases to apply to the person in relation to the disclosed document if the restricted access period for the document ends.

(4) In this section—

"archivist" means the archivist, and the staff of the archives, under the Public Records Act 2002 .

"disclosed document" means—

(a) a document relating to the inquiry accessed from the archivist between 1 February 2012 and 5 March 2013; or

(b) a document, to the extent it relates to the inquiry—

(i) created by the archivist or the commission for the purpose of helping a person access a document mentioned in paragraph (a) ; and

(ii) accessed between 1 February 2012 and 5 March 2013.

"document" includes information.

"inquiry" means the commission issued to Gerald Edward Fitzgerald by the Governor by orders in council dated 26 May 1987, 24 June 1987, 25 August 1988 and 29 June 1989.

"restricted access period" , for a disclosed document, means the restricted access period for the disclosed document worked out under section 346B and the Public Records Act 2002 .

Note—

Under section 346B (4) , a restricted access period is applied to particular public records (including disclosed documents) and the new restricted access period as applied by that subsection may be changed under section 346B (5) or the Public Records Act 2002 , section 19 .