44Commission may direct that certain information not be published etc.

44 Commission may direct that certain information not be published etc.

Directions not to publish (1) A Commission may direct in writing that any of the following not be published: (a) evidence given before the Commission; (b) the contents of a document, or a description of a thing, produced before or delivered to the Commission or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.