Document ID: chunk:federal_register_of_legislation:C2010A00127:clause:8_105
Version: federal_register_of_legislation:C2010A00127
Segment Type: clause
Provision Reference: sch 8 cl 105
Character Range: 103322–105049

105  Subsection 46A(1)
Repeal the subsection, substitute:

Disclosure where notice given to Attorney‑General under subsection 38D(1)
 (1) A person commits an offence if:
 (a) the person is a party, or a legal representative of a party, to a civil proceeding; and
 (b) the person gives notice to the Attorney‑General under subsection 38D(1) about the disclosure of information in the proceeding; and
 (c) section 46B does not apply; and
 (d) after giving the notice, the person discloses the information (whether in the proceeding or otherwise) at any time before the Attorney‑General gives the person a certificate under subsection 38F(2) or (3) or advice under subsection 38F(7) in relation to the disclosure of the information; and
 (e) the disclosure does not take place in permitted circumstances; and
 (f) the disclosure is likely to prejudice national security.
Penalty: Imprisonment for 2 years.

Disclosure where advice given under subsection 38D(4)
 (1A) A person commits an offence if:
 (a) the person is advised under subsection 38D(4) that a notice about the disclosure of information in a civil proceeding has been given to the Attorney‑General; and
 (b) the advice includes a description of the information; and
 (c) section 46B does not apply; and
 (d) after being advised, the person discloses the information (whether in the proceeding or otherwise) at any time before the Attorney‑General gives the person a certificate under subsection 38F(2) or (3) or advice under subsection 38F(7) in relation to the disclosure of the information; and
 (e) the disclosure does not take place in permitted circumstances; and
 (f) the disclosure is likely to prejudice national security.
Penalty: Imprisonment for 2 years.