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National Security Information (Criminal and Civil Proceedings) Act 2004
41Offence to disclose information before Attorney‑General gives criminal witness exclusion certificate etc. under section 28
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#### 41 Offence to disclose information before Attorney‑General gives criminal witness exclusion certificate etc. under section 28
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 notifies the Attorney‑General under subsection 24(1) that he or she knows or believes that a person (the second person) whom he or she intends to call as a witness in a federal criminal proceeding will disclose information by the second person’s mere presence; and
(c) after giving the notice, the person calls the second person as a witness in the proceeding at any time before the Attorney‑General gives the person a certificate under subsection 28(2) or advice under subsection 28(10) in relation to the calling of the second person as a witness; and
(d) the disclosure of the information by the mere presence of the second person is likely to prejudice national security.
Penalty: Imprisonment for 2 years.