98Offence—failure to comply with non‑disclosure notations

98 Offence—failure to comply with non‑disclosure notations

(1) A person commits an offence if: (a) a notice to produce or a private hearing summons includes a non‑disclosure notation; and (b) the person discloses information about the notice or summons, or any official matter connected with the notice or summons; and (c) the notation has not been cancelled.

Penalty: Imprisonment for 5 years.

(2) Strict liability applies to paragraph (1)(c). (3) Subsection (1) does not apply if the disclosure is made: (a) in the circumstances, if any, permitted by the notation; or (b) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice or summons; or (c) to a legal aid officer for the purpose of seeking assistance in relation to: (i) the notice or summons; or (ii) any other matter arising under, or in relation to, this Act; or (ca) to a medical practitioner or psychologist for the purpose of obtaining medical or psychiatric care, treatment or counselling (including psychological counselling); or (d) by a body corporate to an officer or agent of the body corporate, or by an officer or agent of a body corporate to another officer or agent of the body corporate, for the purpose of ensuring compliance with the notice or summons; or (e) by a legal practitioner for the purpose of: (i) obtaining the agreement of a person as mentioned in subsection 115(3) to the legal practitioner disclosing advice or a communication; or (ii) giving legal advice to, or making representations on behalf of, the person on whom the notice or summons was served; or (f) after the information has already been lawfully published.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code.

(4) A reference in this section to disclosing information (the primary information) includes a reference to disclosing other information from which a person could reasonably be expected to infer the primary information. Meaning of legal aid officer (5) A legal aid officer is: (a) a member or member of staff of an authority established by or under a law of a State or Territory for purposes that include providing legal assistance; or (b) a person in a class of persons prescribed by the regulations.