Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34zs:p1
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34ZS (pt 1/4)
Character Range: 74819–77530

34ZS  Secrecy relating to warrants and questioning

Before the expiry of the warrant

 (1) A person (the discloser) commits an offence if:
 (a) a warrant has been issued under this Division; and
 (b) the discloser discloses information; and
 (c) either or both of the following apply:
 (i) the information indicates the fact that the warrant has been issued or a fact relating to the content of the warrant or to the questioning or detention of a person in connection with the warrant;
 (ii) the information is operational information; and
 (d) if subparagraph (c)(ii) applies but subparagraph (c)(i) does not—the discloser has the information as a direct or indirect result of:
 (i) the issue of the warrant; or
 (ii) the doing of anything authorised by the warrant, by a direction given under subsection 34K(1) in connection with the warrant or by another provision of this Division in connection with the warrant; and
 (e) the disclosure occurs before the end of the period specified in the warrant as the period for which the warrant is to be in force; and
 (f) the disclosure is not a permitted disclosure.

Penalty: Imprisonment for 5 years.

In the 2 years after the expiry of the warrant

 (2) A person (the discloser) commits an offence if:
 (a) a warrant has been issued under this Division; and
 (b) the discloser discloses information; and
 (c) the information is operational information; and
 (d) the discloser has the information as a direct or indirect result of:
 (i) the issue of the warrant; or
 (ii) the doing of anything authorised by the warrant, by a direction given under subsection 34K(1) in connection with the warrant or by another provision of this Division in connection with the warrant; and
 (e) the disclosure occurs before the end of the 2 years starting at the end of the period specified in the warrant as the period during which the warrant is to be in force; and
 (f) the disclosure is not a permitted disclosure.

Penalty: Imprisonment for 5 years.

Strict liability

 (3) Strict liability applies to paragraphs (1)(c) and (2)(c) if the discloser is:
 (a) the person (the subject) specified in the warrant; or
 (b) a lawyer who has at any time been:
 (i) present, as the subject's legal adviser, at the questioning of the subject under the warrant; or
 (ii) contacted for the purpose of the subject obtaining legal advice in connection with the warrant; or
 (iii) contacted for the purpose of the subject obtaining representation in legal proceedings seeking a remedy relating to the warrant or the treatment of the subject in connection with the warrant.
Otherwise, the fault element applying to paragraphs (1)(c) and (2)(c) is recklessness.

Note: For strict liability,