Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:4_77b:p1
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 4 cl 77B (pt 1/2)
Character Range: 62476–65074

77B  Offences of disclosure
 (1) A person commits an offence if:
 (a) the person is served with a notice under section 75; and
 (b) the notice includes a notation under section 77A; and
 (c) 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 is made:
 (i) the notation has not been cancelled by subsection 77A(7); and
 (ii) the period of 5 years after the notice is served under section 75 has not ended.
Penalty: Imprisonment for 12 months.
 (2) In proceedings for an offence against subsection (1), it is a defence if the person makes the disclosure:
 (a) in the circumstances, if any, permitted by the terms of 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 221 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 79(3) to the legal practitioner answering a question or producing a document or thing.
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 75 that includes a notation under section 77A; or
 (ii) any official matter connected with a notice under section 75 that includes a notation under section 77A; 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 77A(7); and
 (ii) the period of 5 years after the notice is served under section 75 has not ended.
Penalty: Imprisonment for 12 months.
 (4) In proceedings for an offence against subsection (3), it is a defence if the person discloses the information:
 (a) if the person is an officer or agent of a body corporate referred to in paragraph (2)(d):
 (i) to another officer or agent of the body corporate for the purpose of ensuring compliance with