62Directions regarding disclosure of evidence

62 Directions regarding disclosure of evidence

(1) Where the President of a Court of Inquiry is satisfied that it is necessary to do so in the interests of the defence of the Commonwealth or of fairness to a person who the President considers may be affected by the inquiry conducted by the Court, the President may give directions relating to the disclosure of: (a) information contained in oral evidence given before the Court, whether in public or in private; (b) any documents received by the Court and accepted as evidence; or (c) any statement made under regulation 52 and received by the Court, whether or not accepted as evidence; during the course of the inquiry by the Court. (2) A direction under subregulation (1) may be expressed: (a) to prohibit disclosure of information, or disclosure of a document, absolutely; (b) to prohibit disclosure of information or disclosure of a document other than to a person or to persons included in a class of persons specified in the direction; or (c) to prohibit disclosure of information or disclosure of a document to a person or persons. (3) Where the President of a Court of Inquiry gives a direction under subregulation (1) that is expressed to prohibit disclosure absolutely, the direction prohibits disclosure to all persons other than the Court or a person, or persons included in a class of persons, authorized for that purpose by the President. (4) Where the President of a Court of Inquiry gives a direction under subregulation (1) that is expressed to prohibit disclosure other than to a person specified in the direction or to persons included in a class of persons specified in the direction, the direction prohibits disclosure to all persons other than: (a) the person or persons so specified; (b) the Court; or (c) a person, or persons included in a class of persons, authorized for that purpose by the President. (5) A direction under subregulation (1) that is expressed to prohibit the disclosure of a document also prohibits: (a) the disclosure of part of that document or the disclosure of a copy of all or part of that document; and (b) the disclosure of information contained in that document. (6) Where the President of a Court of Inquiry gives a direction under subregulation (1) that is expressed to prohibit the disclosure of information or the disclosure of a document, the direction does not prohibit the inclusion of all or part of that information or document in the report of the Court. (7) A person is guilty of an offence if the person contravenes a direction given by the President of a Court of Inquiry under subregulation (1).

(7A) An offence against subregulation (7) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (7B) It is a defence to a prosecution for an offence against subregulation (7) if the person has a reasonable excuse for contravening the direction.