Document ID: chunk:federal_register_of_legislation:C2022C00001:section:41
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 41
Character Range: 128282–129300

41  Offence to disclose information before Attorney‑General gives criminal witness exclusion certificate etc. under section 28
  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 notifies the Attorney‑General under subsection 24(1) that he or she knows or believes that a person (the second person) whom he or she intends to call as a witness in a federal criminal proceeding will disclose information by the second person's mere presence; and
 (c) after giving the notice, the person calls the second person as a witness in the proceeding at any time before the Attorney‑General gives the person a certificate under subsection 28(2) or advice under subsection 28(10) in relation to the calling of the second person as a witness; and
 (d) the disclosure of the information by the mere presence of the second person is likely to prejudice national security.
Penalty: Imprisonment for 2 years.