46Offence to disclose information in federal criminal proceedings to certain persons without security clearance etc.

46 Offence to disclose information in federal criminal proceedings to certain persons without security clearance etc.

A person commits an offence if: (a) for the purposes of a federal criminal proceeding, the person discloses, other than in giving evidence in that proceeding or in permitted circumstances, information to: (i) a legal representative of the defendant; or (ii) a person assisting a legal representative of the defendant; and (b) the disclosure is likely to prejudice national security; and (c) none of the following subparagraphs apply: (i) the legal representative or person mentioned in subparagraph (a)(ii) has a security clearance at the level considered appropriate by the Secretary in relation to the information; (ii) the disclosure has been approved by the Secretary; (iii) the disclosure takes place in compliance with conditions approved by the Secretary.

Penalty: Imprisonment for 2 years.