Crime Commission Act 2012
45Publication or disclosure of evidence
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45 Publication or disclosure of evidence
45 Publication or disclosure of evidence
(1) The Commission may direct that—
(a) any evidence given before it, or
(b) the contents of any document, or a description of any thing, produced to the Commission or seized under a search warrant, or
(c) any information that might enable a person who has given or may be about to give evidence before the Commission to be identified or located, or
(d) the fact that any person has given or may be about to give evidence at a hearing,
must not be published, or must not be published except in such manner, and to such persons, as the Commission specifies.
(2) The Commission must give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.
(3) A person must not make a publication in contravention of a direction given under this section.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
(4) If—
(a) a person has been charged with an offence before a court of the State, and
(b) the court considers that it may be desirable in the interests of justice that particular evidence given before the Commission in relation to which the Commission has given a direction under this section be made available to the person or to a legal practitioner representing the person and to the prosecutor,
the court may give to the Commission a certificate to that effect and, if the court does so, the Commission must make the evidence available to the court.
(5) If—
(a) the Commission makes evidence available to a court in accordance with subsection (4), and
(b) the court, after examining the evidence, is satisfied that the interests of justice so require,
the court may make the evidence available to the person charged with the offence concerned or to an Australian legal practitioner representing the person and to the prosecutor.
(6) This section has effect subject to section 45A.