Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_23cn
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 23CN
Character Range: 33956–35915

23CN  Restricting further disclosure of disclosed material
 (1) This section restricts what a person (the entrusted person) may do with any information, document or other thing (the protected material) the person obtains as the result of a disclosure under this Subdivision.
 (2) The entrusted person commits an offence if the person discloses any protected material to another person.
Penalty: Imprisonment for 2 years.
 (3) Each of the following is an exception to the prohibition in subsection (2):
 (a) the disclosure is for the purposes of the proceedings for which the entrusted person obtained the protected material;
 (b) the Court has given leave for the disclosure;
 (c) the disclosure happens for the purposes of, or in connection with, the performance of the duties of the entrusted person's official employment;
 (d) the disclosure is of protected material that has already been lawfully disclosed in proceedings in open court.
Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
 (4) The entrusted person is not to be required:
 (a) to produce to a court or tribunal any document that is or contains protected material; or
 (b) to disclose protected material to a court or tribunal.
 (5) In this section:
disclose means divulge or communicate.
official employment means:
 (a) service as:
 (i) the Director of Public Prosecutions; or
 (ii) a member of the staff of the Office of the Director of Public Prosecutions; or
 (iii) a Special Prosecutor under the Special Prosecutors Act 1982; or
 (iv) the Attorney‑General; or
 (v) a person appointed by the Governor‑General in relation to the prosecution for which the entrusted person obtained the protected material; or
 (b) representing, or otherwise performing services for, a person referred to in paragraph (a); or
 (c) exercising the powers, or performing the functions, of the Director of Public Prosecutions.