23CNRestricting further disclosure of disclosed material

#### 23CN Restricting further disclosure of disclosed material (1) This section restricts what a person (the entrusted person) may do with any information, document or other thing (the protected material) the person obtains as the result of a disclosure under this Subdivision. (2) The entrusted person commits an offence if the person discloses any protected material to another person. Penalty: Imprisonment for 2 years. (3) Each of the following is an exception to the prohibition in subsection (2): (a) the disclosure is for the purposes of the proceedings for which the entrusted person obtained the protected material; (b) the Court has given leave for the disclosure; (c) the disclosure happens for the purposes of, or in connection with, the performance of the duties of the entrusted person’s official employment; (d) the disclosure is of protected material that has already been lawfully disclosed in proceedings in open court. > Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) The entrusted person is not to be required: (a) to produce to a court or tribunal any document that is or contains protected material; or (b) to disclose protected material to a court or tribunal. (5) In this section: > disclose means divulge or communicate. > official employment means: (a) service as: (i) the Director of Public Prosecutions; or (ii) a member of the staff of the Office of the Director of Public Prosecutions; or (iii) a Special Prosecutor under the Special Prosecutors Act 1982; or (iv) the Attorney‑General; or (v) a person appointed by the Governor‑General in relation to the prosecution for which the entrusted person obtained the protected material; or (b) representing, or otherwise performing services for, a person referred to in paragraph (a); or (c) exercising the powers, or performing the functions, of the Director of Public Prosecutions.