Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34gf:p1
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34GF (pt 1/4)
Character Range: 141088–143777

34GF  Secrecy relating to warrants and questioning

Before warrant ceases to be in force
 (1) A person (the discloser) commits an offence if:
 (a) a questioning warrant is issued; and
 (b) the discloser discloses information; and
 (c) either or both of the following apply:
 (i) the information indicates the fact that the warrant has been issued, or a fact relating to the content of the warrant or to the questioning or apprehension of a person in connection with the warrant;
 (ii) the information is operational information; and
 (d) if subparagraph (c)(ii) applies but subparagraph (c)(i) does not—the discloser has the information as a direct or indirect result of:
 (i) the issue of the warrant; or
 (ii) the doing of anything authorised by the warrant, by a direction given by a prescribed authority in connection with the warrant or by another provision of this Division in connection with the warrant; and
 (e) the disclosure occurs before the end of the period specified in the warrant as the period for which the warrant is to be in force; and
 (f) the disclosure is not a permitted disclosure.
Penalty: Imprisonment for 5 years.

In the 2 years after warrant ceases to be in force
 (2) A person (the discloser) commits an offence if:
 (a) a questioning warrant is issued; and
 (b) the discloser discloses information; and
 (c) the information is operational information; and
 (d) the discloser has the information as a direct or indirect result of:
 (i) the issue of the warrant; or
 (ii) the doing of anything authorised by the warrant, by a direction given by a prescribed authority in connection with the warrant or by another provision of this Division in connection with the warrant; and
 (e) the disclosure occurs before the end of the 2 years starting at the end of the period specified in the warrant as the period during which the warrant is to be in force; and
 (f) the disclosure is not a permitted disclosure.
Penalty: Imprisonment for 5 years.

Strict liability
 (3) Strict liability applies to paragraphs (1)(c) and (2)(c) if the discloser is:
 (a) the subject of the warrant; or
 (b) a lawyer who has at any time been:
 (i) present, as the lawyer for the subject of the warrant, during the questioning of the subject under the warrant; or
 (ii) contacted for the purpose of the subject obtaining legal advice in connection with the warrant; or
 (iii) contacted for the purpose of the subject obtaining representation in legal proceedings seeking a remedy relating to the warrant or the treatment of the subject in connection with the warrant.
Otherwise, the fault element applying to paragraphs (1)(c) and (2)(c) is recklessness.
Note: For strict liability, see