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.