Document ID: chunk:federal_register_of_legislation:C2010A00127:clause:8_99
Version: federal_register_of_legislation:C2010A00127
Segment Type: clause
Provision Reference: sch 8 cl 99
Character Range: 99511–101271

99  Subsection 40(1)
Repeal the subsection, substitute:

Disclosure where notice given to Attorney‑General under subsection 24(1)
 (1) A person commits an offence if:
 (a) the person is the prosecutor, the defendant or the defendant's legal representative in a federal criminal proceeding; and
 (b) the person gives notice to the Attorney‑General under subsection 24(1) about the disclosure of information in the proceeding; and
 (c) section 41 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 26(2) or (3) or advice under subsection 26(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 24(3)
 (1A) A person commits an offence if:
 (a) the person is advised under subsection 24(3) that a notice about the disclosure of information in a federal criminal proceeding has been given to the Attorney‑General; and
 (b) the advice includes a description of the information; and
 (c) section 41 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 26(2) or (3) or advice under subsection 26(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.