Document ID: chunk:federal_register_of_legislation:C2004C01298:clause:3_35b
Version: federal_register_of_legislation:C2004C01298
Segment Type: clause
Provision Reference: sch 3 cl 35B
Character Range: 44241–45800

35B  Disclosure of NCA information

 (1) If the Attorney‑General gives the Ombudsman a certificate certifying that the disclosure of certain NCA information by one or more listed disclosure methods specified in the certificate would be contrary to the public interest by reason that it would prejudice:
 (a) the safety of a person; or
 (b) the fair trial of a person who has been, or may be, charged with an offence; or
 (c) the effectiveness of an investigation by the National Crime Authority; or
 (d) the operations of a law enforcement agency;
the Ombudsman must not so disclose the NCA information.

 (2) In this section:

listed disclosure method, in relation to information, a document or a record, means:
 (a) including the information or the contents of the document or record in any report under Division 2 of Part 2; or
 (b) giving the information, document or record to another person or authority under section 6 or 6A; or
 (c) giving the information, document or record to an Ombudsman of a State; or
 (d) giving the information, document or record to an authority with which the Ombudsman has made an arrangement under section 8B; or
 (e) disclosing, or making a statement that discloses, the information or the contents of the document or record under subsection 35A(1); or
 (f) disclosing information or the contents of a document or record by any other specified method.

NCA information means information or the contents of a document or a record that is, or was, in the possession or under the control of the National Crime Authority.