Document ID: chunk:federal_register_of_legislation:C2022C00001:section:40
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 40
Character Range: 125566–128282

40  Offence to disclose information before Attorney‑General gives criminal non‑disclosure certificate etc. under section 26

Disclosure where notice given to Attorney‑General under subsection 24(1)
 (1) A person commits an offence if:
 (a) the person is the prosecutor, the defendant or the defendant's legal representative in a federal criminal proceeding; and
 (b) the person gives notice to the Attorney‑General under subsection 24(1) about the disclosure of information in the proceeding; and
 (c) section 41 does not apply; and
 (d) after giving the notice, the person discloses the information (whether in the proceeding or otherwise) at any time before the Attorney‑General gives the person a certificate under subsection 26(2) or (3) or advice under subsection 26(7) in relation to the disclosure of the information; and
 (e) the disclosure does not take place in permitted circumstances; and
 (f) the disclosure is likely to prejudice national security.
Penalty: Imprisonment for 2 years.

Disclosure where advice given under subsection 24(3)
 (1A) A person commits an offence if:
 (a) the person is advised under subsection 24(3) that a notice about the disclosure of information in a federal criminal proceeding has been given to the Attorney‑General; and
 (b) the advice includes a description of the information; and
 (c) section 41 does not apply; and
 (d) after being advised, the person discloses the information (whether in the proceeding or otherwise) at any time before the Attorney‑General gives the person a certificate under subsection 26(2) or (3) or advice under subsection 26(7) in relation to the disclosure of the information; and
 (e) the disclosure does not take place in permitted circumstances; and
 (f) the disclosure is likely to prejudice national security.
Penalty: Imprisonment for 2 years.

Disclosure where notice given to Attorney‑General under section 25
 (2) If:
 (a) the prosecutor gives notice to the Attorney‑General under subsection 25(6) that the prosecutor knows, believes or is advised that an answer by a witness in a hearing in relation to a federal criminal proceeding will disclose information; and
 (b) section 41 does not apply; and
 (c) the prosecutor or the witness discloses the information (whether in the proceeding or otherwise) at any time before the Attorney‑General gives the prosecutor or the witness a certificate under subsection 26(2) or (3) or advice under subsection 26(7) in relation to the disclosure of the information; and
 (d) the disclosure does not take place in permitted circumstances; and
 (e) the disclosure is likely to prejudice national security;
the prosecutor or the witness commits an offence.
Penalty: Imprisonment for 2 years.