Document ID: chunk:federal_register_of_legislation:C2022C00001:section:46a
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 46A
Character Range: 132222–134776

46A  Offence to disclose information before Attorney‑General gives civil non‑disclosure certificate etc. under section 38F

Disclosure where notice given to Attorney‑General under subsection 38D(1)
 (1) A person commits an offence if:
 (a) the person is a party, or a legal representative of a party, to a civil proceeding; and
 (b) the person gives notice to the Attorney‑General under subsection 38D(1) about the disclosure of information in the proceeding; and
 (c) section 46B 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 38F(2) or (3) or advice under subsection 38F(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 38D(4)
 (1A) A person commits an offence if:
 (a) the person is advised under subsection 38D(4) that a notice about the disclosure of information in a civil proceeding has been given to the Attorney‑General; and
 (b) the advice includes a description of the information; and
 (c) section 46B 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 38F(2) or (3) or advice under subsection 38F(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 38E
 (2) If:
 (a) a witness gives a written answer to the court under section 38E in a civil proceeding; and
 (b) section 46B does not apply; and
 (c) the witness discloses information given in the written answer (whether in the proceeding or otherwise) at any time after the written answer is given to the court and before the Attorney‑General gives the witness a certificate under subsection 38F(2) or (3) or advice under subsection 38F(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 witness commits an offence.
Penalty: Imprisonment for 2 years.