Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_46b
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 46B
Character Range: 50349–51155

46B  Offence to disclose information before Attorney‑General gives civil witness exclusion certificate etc. under section 38H

  If:
 (a) a party to a civil proceeding notifies the Attorney‑General under section 38D that the party knows or believes that a person whom the party intends to call as a witness in the proceeding will disclose information by his or her mere presence; and
 (b) the party calls the person as a witness in the proceeding at any time before the Attorney‑General gives the party a certificate under subsection 38H(2) or advice under subsection 38H(9) in relation to the calling of the witness; and
 (c) the disclosure of the information by the mere presence of the person is likely to prejudice national security;
the party commits an offence.

Penalty: Imprisonment for 2 years.