40Offence to disclose information before Attorney‑General gives criminal non‑disclosure certificate etc. under section 26

#### 40 Offence to disclose information before Attorney‑General gives criminal non‑disclosure certificate etc. under section 26 Disclosure where notice given to Attorney‑General under subsection 24(1) (1) A person commits an offence if: (a) the person is the prosecutor, the defendant or the defendant’s legal representative in a federal criminal proceeding; and (b) the person gives notice to the Attorney‑General under subsection 24(1) about the disclosure of information in the proceeding; and (c) section 41 does not apply; and (d) after giving the notice, the person discloses the information (whether in the proceeding or otherwise) at any time before the Attorney‑General gives the person a certificate under subsection 26(2) or (3) or advice under subsection 26(7) in relation to the disclosure of the information; and (e) the disclosure does not take place in permitted circumstances; and (f) the disclosure is likely to prejudice national security. Penalty: Imprisonment for 2 years. Disclosure where advice given under subsection 24(3) (1A) A person commits an offence if: (a) the person is advised under subsection 24(3) that a notice about the disclosure of information in a federal criminal proceeding has been given to the Attorney‑General; and (b) the advice includes a description of the information; and (c) section 41 does not apply; and (d) after being advised, the person discloses the information (whether in the proceeding or otherwise) at any time before the Attorney‑General gives the person a certificate under subsection 26(2) or (3) or advice under subsection 26(7) in relation to the disclosure of the information; and (e) the disclosure does not take place in permitted circumstances; and (f) the disclosure is likely to prejudice national security. Penalty: Imprisonment for 2 years. Disclosure where notice given to Attorney‑General under section 25 (2) If: (a) the prosecutor gives notice to the Attorney‑General under subsection 25(6) that the prosecutor knows, believes or is advised that an answer by a witness in a hearing in relation to a federal criminal proceeding will disclose information; and (b) section 41 does not apply; and (c) the prosecutor or the witness discloses the information (whether in the proceeding or otherwise) at any time before the Attorney‑General gives the prosecutor or the witness a certificate under subsection 26(2) or (3) or advice under subsection 26(7) in relation to the disclosure of the information; and (d) the disclosure does not take place in permitted circumstances; and (e) the disclosure is likely to prejudice national security; the prosecutor or the witness commits an offence. Penalty: Imprisonment for 2 years.