Document ID: chunk:federal_register_of_legislation:C2021C00498:section:44
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 44
Character Range: 48668–50108

44  Commission may direct that certain information not be published etc.

Directions not to publish
 (1) A Commission may direct in writing that any of the following not be published:
 (a) evidence given before the Commission;
 (b) the contents of a document, or a description of a thing, produced before or delivered to the Commission or seized under a search warrant;
 (c) any information that might enable a person who has given evidence before the Commission to be identified;
 (d) the fact that any person has given or may be about to give evidence at a hearing of the Commission.
 (2) The Commission must give such a direction if not doing so might prejudice:
 (a) the safety of a person; or
 (b) the fair trial of a person who has been or may be charged with an offence against an Australian law.

When direction ceases to apply
 (3) If:
 (a) a record (within the meaning of the Archives Act 1983) contains any of the things referred to in paragraphs (1)(a) to (d) of this section; and
 (b) a direction has been given under subsection (1) not to publish that thing; and
 (c) the record is made available for public access under the Archives Act 1983;
then the direction ceases to apply in relation to that thing.
Note: Whether and how the Archives Act 1983 applies to the record depends on regulations made for the purposes of section 20 of that Act.

Subdivision D—Costs and expenses of Commonwealth judicial officer and witnesses