20Confidentiality of witness summons and orders

20 Confidentiality of witness summons and orders

(1) Subject to subsections (2) and (3), the Supreme Court or the Chief Examiner may give a person to whom a witness summons is issued under this Part or in respect of whom an order is made under section 18 or any person who executes an order under section 18 a written notice stating—

(a) that the summons or order is a confidential document; and

(b) that it is an offence to disclose to anyone else, except in the circumstances, if any, specified in the notice, the existence of the document or the subject-matter of the organised crime offence in relation to which the summons was issued or the order was made or any official matter connected with the summons or order, unless the person has a reasonable excuse.

S. 20(2) substituted by No. 55/2014 s. 158(1).

(2) The Supreme Court or the Chief Examiner must give a notice under subsection (1) if satisfied that failure to do so—

(a) would reasonably be expected to prejudice—

(i) the safety of a person; or

(ii) the fair trial of a person who has been or may be charged with an offence; or

(iii) the effectiveness of an investigation of the organised crime offence in relation to which the summons was issued or the order was made; or

(b) would otherwise be contrary to the public interest.

S. 20(3) substituted by No. 55/2014 s. 158(1).

(3) The Supreme Court or the Chief Examiner may give a notice under subsection (1) if satisfied that failure to do so—

(a) might prejudice the effectiveness of an investigation of the organised crime offence in relation to which the summons was issued or the order was made; or

(b) might otherwise be contrary to the public interest.

(4) If the Supreme Court gives a notice under subsection (1), the applicant for the witness summons or order under section 18, as the case may be, must give a copy of the notice to the Chief Examiner.

(5) If the Supreme Court or the Chief Examiner gives a notice under subsection (1), a person must not, without reasonable excuse, disclose to anyone else, except in the circumstances, if any, specified in the notice—

(a) the existence of the witness summons or order; or

(b) the subject-matter of the organised crime offence in relation to which the witness summons was issued or the order was made; or

(c) any official matter connected with the witness summons or order.

1. 120 penalty units or imprisonment for 12 months or both.

(6) It is a reasonable excuse for a person to disclose the existence of the witness summons or order or the subject-matter of the organised crime offence in relation to which it was issued or made or any official matter connected with the summons or order if—