Document ID: chunk:federal_register_of_legislation:C2022C00001:section:46b
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 46B
Character Range: 134776–135748

46B  Offence to disclose information before Attorney‑General gives civil witness exclusion certificate etc. under section 38H
  A person commits an offence if:
 (a) the person is a party, or the legal representative of a party, to a civil proceeding; and
 (b) the person notifies the Attorney‑General under subsection 38D(1) that he or she knows or believes that a person (the second person) whom he or she intends to call as a witness in the proceeding will disclose information by the second person's mere presence; and
 (c) after giving the notice, the person calls the second person as a witness in the proceeding at any time before the Attorney‑General gives the person a certificate under subsection 38H(2) or advice under subsection 38H(9) in relation to the calling of the second person as a witness; and
 (d) the disclosure of the information by the mere presence of the second person is likely to prejudice national security.
Penalty: Imprisonment for 2 years.