Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:4_77a:p1
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 4 cl 77A (pt 1/2)
Character Range: 59593–62346

77A  Disclosure of notice may be prohibited

Application
 (1) This section applies in respect of a notice served on a person under section 75.

Notation prohibiting disclosure of information about notice
 (2) The Integrity Commissioner may include a notation in the notice to the effect that disclosure of information about:
 (a) the notice; or
 (b) any official matter connected with the notice;
is prohibited except in the circumstances (if any) specified in the notation.
 (3) The Integrity Commissioner must include a notation in the notice if the Integrity Commissioner is satisfied that failure to do so would reasonably be expected to prejudice:
 (a) a person's safety or reputation; or
 (b) the fair trial of a person who has been, or may be, charged with an offence; or
 (c) the investigation to which the notice relates or another corruption investigation; or
 (d) any action taken as a result of an investigation referred to in paragraph (c).
 (4) The Integrity Commissioner may include a notation in the notice if the Integrity Commissioner is satisfied that:
 (a) failure to do so might prejudice:
 (i) a person's safety or reputation; or
 (ii) the fair trial of a person who has been, or may be, charged with an offence; or
 (iii) the investigation to which the notice relates or another corruption investigation; or
 (iv) any action taken as a result of an investigation referred to in subparagraph (iii); or
 (b) failure to do so might otherwise be contrary to the public interest.
 (5) The Integrity Commissioner must not include a notation in the notice in any other case.

Written statement to accompany notation
 (6) If a notation is included in the notice, it must be accompanied by a written statement setting out the rights and obligations conferred or imposed by section 77B on the person on whom the notice is served.

Cancellation of notation
 (7) A notation included in the notice is cancelled by this subsection if:
 (a) the Integrity Commissioner concludes the investigation to which the notice relates; and
 (b) any criminal proceedings or civil penalty proceedings resulting from the investigation are commenced.
 (8) If a notation is cancelled by subsection (7), the Integrity Commissioner must advise the person who was served with the notated notice, in writing, of the cancellation.

Relationship of notation with the Privacy Act 1988
 (9) If:
 (a) a notation has been included in the notice in relation to the disclosure of information about the notice or any official matter connected with the notice; and
 (b) the notation has not been cancelled; and
 (c) apart from this subsection, a credit reporting agency (within the meaning of section 11A of the Privacy Act 1988) would be required, under subsection 18K(5) of