46B

46B Offence to disclose information before Attorney‑General gives civil witness exclusion certificate etc. under section 38H

A person commits an offence if: (a) the person is a party, or the legal representative of a party, to a civil proceeding; and (b) the person notifies the Attorney‑General under subsection 38D(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 the 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 38H(2) or advice under subsection 38H(9) 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.