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Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
44Commission may direct that certain information not be published etc.
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#### 44 Commission may direct that certain information not be published etc.
Directions not to publish
(1) A Commission may direct in writing that any of the following not be published:
(a) evidence given before the Commission;
(b) the contents of a document, or a description of a thing, produced before or delivered to the Commission or seized under a search warrant;
(c) any information that might enable a person who has given evidence before the Commission to be identified;
(d) the fact that any person has given or may be about to give evidence at a hearing of the Commission.
(2) The Commission must give such a direction if not doing so might prejudice:
(a) the safety of a person; or
(b) the fair trial of a person who has been or may be charged with an offence against an Australian law.
When direction ceases to apply
(3) If:
(a) a record (within the meaning of the Archives Act 1983) contains any of the things referred to in paragraphs (1)(a) to (d) of this section; and
(b) a direction has been given under subsection (1) not to publish that thing; and
(c) the record is made available for public access under the Archives Act 1983;
then the direction ceases to apply in relation to that thing.
> Note: Whether and how the Archives Act 1983 applies to the record depends on regulations made for the purposes of section 20 of that Act.