NSWIn ForceAct
Crime Commission Act 2012
80Secrecy
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#### 80 Secrecy
80 Secrecy
> > (1) A relevant person must not, directly or indirectly, make a record of, or disclose, including to a court, information acquired because of, or in connection with, the Commission’s activities unless the information relates only to the Commission acting solely in its corporate capacity.
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> > Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
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> > (2) The Commission is not taken to act solely in its corporate capacity only because the Commission—
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> > > (a) enters into a contract or agreement for the purpose of acquiring—
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> > > > (i) intelligence, or
> > >
> > > > (ii) other information for an investigation, or
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> > > (b) acquires or uses technology for the purpose of the Commission’s investigative functions.
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> > (3) A relevant person must not be required—
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> > > (a) to produce in a court a document or other thing that has come into the person’s possession, custody or control because of, or during, the exercise of the person’s functions under this Act, or
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> > > (b) to disclose to a court a matter or thing that has come to the person’s attention in the exercise of the person’s functions under this Act.
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> > (4) Proceedings for an offence under this section may be commenced within, but not later than, 3 years after the date on which the offence is alleged to have been committed.
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> > (5) In this section—
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> > court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
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> > disclose includes communicate.
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> > produce includes permit access to or inspection of.
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> > relevant person means the following—
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> > > (a) an executive officer,
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> > > (b) a member of staff of the Commission,
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> > > (c) a person involved in an investigation or in the exercise of the Commission’s functions under this Act,
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> > > (d) an Australian legal practitioner who assists, or performs services for or on behalf of, the Commission,
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> > > (e) a member of a task force assisting the Commission in accordance with an arrangement under section 58,
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> > > (f) an authority or a person to whom information is disclosed under section 80AA, and a person or employee under the control of the authority or person,
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> > > (g) a person conducting a review under section 78B in relation to the person’s functions under the section,
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> > > (h) a person who was previously a person referred to in paragraphs (a)–(g).
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> **s 80:** Am 2013 No 35, Sch 2 \[2\]; 2016 No 61, Schs 6.6 \[16\]–\[18\], 7.1 \[2\]. Subst 2022 No 55, Sch 2\[12\].