Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_46a
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 46A
Character Range: 48469–50349

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 section 38D

 (1) If:
 (a) a party to a civil proceeding gives notice to the Attorney‑General under subsection 38D(1) about the disclosure of information in the proceeding by the party or another person; and
 (b) section 46B does not apply; and
 (c) either:
 (i) if the disclosure is by the party—the party; or
 (ii) if the disclosure is by a person other than the party—the party or the other person;
  discloses the information (whether in the proceeding or otherwise) at any time before the Attorney‑General gives the party, or both the party and the other person, 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 person who discloses the information commits an offence.

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.