Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:4_77b:p2
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 4 cl 77B (pt 2/2)
Character Range: 64843–66819

the person discloses the information:
 (a) if the person is an officer or agent of a body corporate referred to in paragraph (2)(d):
 (i) to another officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or
 (ii) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or
 (iii) to a legal aid officer for the purpose of seeking assistance under section 221 in relation to the notice; or
 (b) if the person is a legal practitioner—for the purpose of giving legal advice, making representations, or seeking assistance under section 221, in relation to the notice; or
 (c) if the person is a legal aid officer—for the purpose of obtaining legal advice or representation in relation to the notice.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.
 (5) A person commits an offence if:
 (a) a disclosure is made to a person about:
 (i) a notice under section 75 that includes a notation under section 77A; or
 (ii) any official matter connected with a notice under section 75 that includes a notation under section 77A; and
 (b) the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and
 (c) when the person is no longer a person of that kind, the person:
 (i) makes a record of the notice; or
 (ii) discloses the existence of the notice; or
 (iii) discloses any information about the notice or the existence of it; and
 (d) when the record, or disclosure, is made by the person:
 (i) the notation has not been cancelled by subsection 77A(7); and
 (ii) the period of 5 years after the notice is served under section 75 has not ended.
Penalty: Imprisonment for 12 months.
 (6) A reference in this section to disclosing something's existence includes disclosing information from which a person could reasonably be expected to infer its existence.