Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:1_21c:p1
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 1 cl 21C (pt 1/3)
Character Range: 39633–42269

21C  Notices—offences of disclosure
 (1) A person commits an offence if:
 (a) the person is served with a notice under section 21A that includes a notation under section 21B; and
 (b) the person discloses the existence of, or any information about:
 (i) the notice; or
 (ii) any official matter connected with the notice; and
 (c) when the disclosure is made:
 (i) the notation has not been cancelled by subsection 21B(6); and
 (ii) the period of 5 years after the notice is served under section 21A has not ended.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) Subsection (1) does not apply if the person makes the disclosure:
 (a) in any circumstances permitted by the notation; or
 (b) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or
 (c) to a legal aid officer for the purpose of seeking assistance under section 27 in relation to the notice; or
 (d) if the person is a body corporate—to an officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or
 (e) if the person is a legal practitioner—for the purpose of obtaining the agreement of another person under subsection 21D(2) to the legal practitioner producing a document or thing; or
 (f) to the Ombudsman for the purpose of making a complaint under the Ombudsman Act 1976; or
 (g) to the Australian Law Enforcement Integrity Commission for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006, an allegation or information that raises a corruption issue.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) A person commits an offence if:
 (a) a disclosure is made to a person about:
 (i) a notice under section 21A that includes a notation under section 21B; or
 (ii) any official matter connected with such a notice; and
 (b) the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and
 (c) while the person is a person of that kind, the person discloses the existence of, or any information about:
 (i) the notice; or
 (ii) any official matter connected with the notice; and
 (d) when the disclosure by the person is made:
 (i) the notation has not been cancelled by subsection 21B(6); and
 (ii) the period of 5 years after the notice is served under section 21A has not ended.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (4) Subsection (3) does not apply if the person discloses the information:
 (a) if the person is an