92Offences of disclosure

92 Offences of disclosure

(1) A person commits an offence if: (a) the person is served with a summons under section 83; and (b) the summons includes a notation under section 91; and (c) the person discloses the existence of, or any information about: (i) the summons; or (ii) any official matter connected with the summons; and (d) when the disclosure is made: (i) the notation has not been cancelled by subsection 91(7); and (ii) the period of 5 years after the summons is served under section 83 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 summons; or (c) to a legal aid officer for the purpose of obtaining assistance under section 103 in relation to the summons; 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 summons; or (e) if the person is a legal practitioner—for the purpose of obtaining the agreement of another person under subsection 95(3) to the legal practitioner answering a question or producing a document or thing at the hearing.

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 summons under section 83 that includes a notation under section 91; or (ii) any official matter connected with a summons under section 83 that includes a notation under section 91; 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 summons; or (ii) any official matter connected with the summons; and (d) when the disclosure by the person is made: (i) the notation has not been cancelled by subsection 91(7); and (ii) the period of 5 years after the summons is served under section 83 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 summons; or (ii) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the summons; or (iii) to a legal aid officer for the purpose of obtaining assistance under section 103 in relation to the summons; or (b) if the person is a legal practitioner—for the purpose of giving legal advice, making representations, or obtaining assistance under section 103, in relation to the summons; or (c) if the person is a legal aid officer—for the purpose of obtaining legal advice or representation in relation to the summons.