Document ID: chunk:federal_register_of_legislation:C2022C00001:section:46h
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 46H
Character Range: 138731–141249

46H  Offences relating to special advocates in control order or extended supervision order proceedings

Disclosure of information by special advocate
 (1) A person commits an offence if:
 (a) the Attorney‑General discloses information to the person under subsection 38PE(2) in relation to a civil proceeding; and
 (b) the person discloses the information (whether in the proceeding or otherwise); and
 (c) paragraphs 38PE(3)(a), (b) and (c) do not apply to the disclosure by the person.
Penalty: Imprisonment for 2 years.
 (2) To avoid doubt, for the purposes of subsection (1) it does not matter whether the person also obtains the information in some way additional to that mentioned in paragraph (1)(a).

Communication by special advocate after disclosure of information by Attorney‑General
 (3) A person commits an offence if:
 (a) the Attorney‑General discloses information to the person under subsection 38PE(2) in relation to a civil proceeding; and
 (b) the person communicates with another person about any matter connected with the proceeding; and
 (c) the communication occurs after the disclosure mentioned in paragraph (a); and
 (d) paragraphs 38PF(2)(a), (b) and (c) do not apply to the communication.
Penalty: Imprisonment for 2 years.

Communication by party or legal representative after disclosure of information by Attorney‑General
 (4) A person commits an offence if:
 (a) the person is or was a party to a civil proceeding; and
 (b) the Attorney‑General discloses information to a special advocate of the person under subsection 38PE(2) in relation to the proceeding; and
 (c) the person communicates with the special advocate about any matter connected with the proceeding, other than in writing through the party's legal representative; and
 (d) the communication occurs after the disclosure mentioned in paragraph (b).
Penalty: Imprisonment for 2 years.
 (5) A person commits an offence if:
 (a) the Attorney‑General discloses information to a special advocate of a party to a civil proceeding under subsection 38PE(2) in relation to the proceeding; and
 (b) the person communicates with the special advocate about any matter connected with the proceeding, other than in writing; and
 (c) the communication occurs after the disclosure mentioned in paragraph (a); and
 (d) the first person is the legal representative of the party:
 (i) at or after the time disclosure occurs; and
 (ii) at or before the time the communication occurs.
Penalty: Imprisonment for 2 years.

Part 6—Miscellaneous