CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 4B - Power to obtain information and documents  

Subdivision C - Power to obtain documents relating to serious terrorism and non-terrorism offences  

SECTION 3ZQT   Offence for disclosing existence or nature of notice  

(1)  
A person commits an offence if:


(a) the person is given a notice under section 3ZQN or 3ZQO ; and


(b) the notice specifies that information about the notice must not be disclosed; and


(c) the person discloses the existence or nature of the notice.

Penalty: 120 penalty units or imprisonment for 2 years, or both.

(2)  
Subsection (1) does not apply if:


(a) the person discloses the information to another person in order to obtain a document that is required by the notice in order to comply with it, and that other person is directed not to inform the person to whom the document relates about the matter; or


(b) the disclosure is made to obtain legal advice or legal representation in relation to the notice; or


(c) the disclosure is made for the purposes of, or in the course of, legal proceedings.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).




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