Document ID: chunk:federal_register_of_legislation:C2006A00084:clause:1_40za
Version: federal_register_of_legislation:C2006A00084
Segment Type: clause
Provision Reference: sch 1 cl 40ZA
Character Range: 77244–79114

40ZA  Secrecy

 (1) This section applies to a person (other than an AFP appointee or the Ombudsman) who conducts:
 (a) an investigation of a category 3 conduct issue or a corruption issue under Subdivision D of Division 3; or
 (b) an inquiry under Division 4.

Note 1: AFP appointees are covered by the confidentiality requirements of section 60A.

Note 2: The Ombudsman is covered by the confidentiality requirements of section 35 of the Ombudsman Act 1976.

 (2) A person who is, or has been, a person to whom this section applies commits an offence if:
 (a) the person (either directly or indirectly and either while he or she is, or after he or she has ceased to be, a person to whom this section applies):
 (i) makes a record of information; or
 (ii) divulges or communicates information; and
 (b) the information was given to, or obtained by, the person in the course of, or for the purposes of, the investigation or inquiry.

Penalty: 30 penalty units.

 (3) Subsection (2) has effect subject to subsections (4), (5) and (6).

 (4) Subsection (2) does not prevent a person who is, or has been, a person to whom this section applies from making a record of, or divulging or communicating, information for the purposes of the investigation or inquiry.

 (5) Subsection (2) does not prevent a person who is, or has been, a person to whom this section applies from making a record of, or divulging or communicating, information with the written consent of the appropriate person.

 (6) Subsection (2) does not prevent a person from producing a record, or giving information, in evidence before a court.

 (7) For the purposes of this section, the appropriate person is:
 (a) the Minister in relation to a person who is conducting, or has conducted, an inquiry under Division 4; and
 (b) the Commissioner in relation to any other person to whom this section applies.