Document ID: chunk:federal_register_of_legislation:C2025C00034:clause:1_9
Version: federal_register_of_legislation:C2025C00034
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 595799–597230

9  Disclosing existence or nature of production orders
 (1) A person commits an offence if:
 (a) the person is given a *production order; and
 (b) the order specifies that information about the order must not be disclosed; and
 (c) the person discloses the existence or nature of the order to another person.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) A person commits an offence if:
 (a) the person is given a *production order; and
 (b) the order specifies that information about the order must not be disclosed; and
 (c) the person discloses information to another person; and
 (d) that other person could infer the existence or nature of the order from that information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (3) Subclauses (1) and (2) do not apply if:
 (a) the person discloses the information to an employee, *agent or other person in order to obtain a document that is required by the *production order in order to comply with it, and that other person is directed not to inform the person to whom the document relates about the matter; or
 (b) the disclosure is made to obtain legal advice or legal representation in relation to the order; or
 (c) the disclosure is made for the purposes of, or in the course of, legal proceedings.
Note: A defendant bears an evidential burden in relation to the matters in subclause (3): see subsection 13.3(3) of the Criminal Code.