CTHRepealedAct
Law Enforcement Integrity Commissioner Act 2006
77BOffences of disclosure
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#### 77B Offences of disclosure
(1) A person commits an offence if:
(a) the person is served with a notice under section 75; and
(b) the notice includes a notation under section 77A; and
(c) the person discloses the existence of, or any information about:
(i) the notice; or
(ii) any official matter connected with the notice; and
(d) when the disclosure is made:
(i) the notation has not been cancelled by subsection 77A(7); and
(ii) the period of 5 years after the notice is served under section 75 has not ended.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) In proceedings for an offence against subsection (1), it is a defence if the person makes the disclosure:
(a) in the circumstances, if any, permitted by the terms of the notation; or
(b) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or
(c) to a legal aid officer for the purpose of seeking assistance under section 221 in relation to the notice; or
(d) if the person is a body corporate—to an officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or
(e) if the person is a legal practitioner—for the purpose of obtaining the agreement of another person under subsection 79(3) to the legal practitioner answering a question or producing a document or thing.
> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if:
(a) a disclosure is made to a person about:
(i) a notice under section 75 that includes a notation under section 77A; or
(ii) any official matter connected with a notice under section 75 that includes a notation under section 77A; and
(b) the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and
(c) while the person is a person of that kind, the person discloses the existence of, or any information about:
(i) the notice; or
(ii) any official matter connected with the notice; and
(d) when the disclosure by the person is made:
(i) the notation has not been cancelled by subsection 77A(7); and
(ii) the period of 5 years after the notice is served under section 75 has not ended.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(4) In proceedings for an offence against subsection (3), it is a defence if the person discloses the information:
(a) if the person is an officer or agent of a body corporate referred to in paragraph (2)(d):
(i) to another officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or
(ii) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or
(iii) to a legal aid officer for the purpose of seeking assistance under section 221 in relation to the notice; or
(b) if the person is a legal practitioner—for the purpose of giving legal advice, making representations, or seeking assistance under section 221, in relation to the notice; or
(c) if the person is a legal aid officer—for the purpose of obtaining legal advice or representation in relation to the notice.
> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.
(5) A person commits an offence if:
(a) a disclosure is made to a person about:
(i) a notice under section 75 that includes a notation under section 77A; or
(ii) any official matter connected with a notice under section 75 that includes a notation under section 77A; and
(b) the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and
(c) when the person is no longer a person of that kind, the person:
(i) makes a record of the notice; or
(ii) discloses the existence of the notice; or
(iii) discloses any information about the notice or the existence of it; and
(d) when the record, or disclosure, is made by the person:
(i) the notation has not been cancelled by subsection 77A(7); and
(ii) the period of 5 years after the notice is served under section 75 has not ended.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(6) A reference in this section to disclosing something’s existence includes disclosing information from which a person could reasonably be expected to infer its existence.