Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:2_17
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 2 cl 17
Character Range: 65792–67164

17  Subsections 90(1), (2) and (3)
Repeal the subsections, substitute:

Prohibition or limitation on use or disclosure
 (1) The Integrity Commissioner may direct that hearing material:
 (a) must not be used or disclosed; or
 (b) may only be used by, or disclosed to, specified persons in specified ways or on specified conditions.
Note: Failure to comply with a direction is an offence: see subsection (6).
 (2) If all or part of the hearing is held in private, the Integrity Commissioner must give a direction under subsection (1) if the Commissioner is satisfied that the failure to give such a direction:
 (a) might prejudice a person's safety; or
 (b) would reasonably be expected to prejudice the witness' fair trial, if the witness has been charged with a related offence or such a charge is imminent; or
 (c) might lead to the publication of section 149 certified information.
 (3) The Integrity Commissioner may, in writing, vary or revoke a direction.
 (3A) However, the direction cannot be varied or revoked if the Integrity Commissioner is satisfied that the variation or revocation:
 (a) might prejudice a person's safety; or
 (b) would reasonably be expected to prejudice the witness' fair trial, if the witness has been charged with a related offence or such a charge is imminent; or
 (c) might lead to the publication of section 149 certified information.