85Disclosure, receipt or solicitation of other confidential material

85 Disclosure, receipt or solicitation of other confidential material

(1) This section applies to any information, document or other thing that was the subject of a protection application that was not granted by the Court.

(2) Subject to subsection (4), a person must not disclose, receive or solicit any information, document or other thing to which this section applies if the person knows or is reckless as to the fact that the information, document or other thing is information or a document or other thing to which this section applies.

(3) An offence against subsection (2) is an indictable offence.

(4) Subsection (2) does not apply—

(a) to disclosure, receipt or solicitation of any information, document or other thing that was in the public domain at the time of the disclosure, receipt or solicitation; or

(b) to disclosure, receipt or solicitation of any information, document or other thing that has been adduced in evidence by or on behalf of the Chief Commissioner in relation to a substantive application; or

S. 85(4)(c) amended by No. 37/2024 s. 104(7).

(c) to disclosure, receipt or solicitation of any information, document or other thing by a law enforcement officer in the performance of the law enforcement officer's duty; or

(d) to disclosure of any information, document or other thing by a person to a lawyer, or the receipt or solicitation of any information, document or other thing by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or

(e) to disclosure, receipt or solicitation of any information, document or other thing that is published in accordance with an order of the Court under section 77(1); or

(f) to disclosure, receipt or solicitation of any information, document or other thing that is required, authorised or permitted by or under this Act.

(5) A person does not commit an offence against subsection (2) if—

(a) the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (4) existed at the time of the alleged commission of the offence; and

(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.

Pt 5 (Heading) amended by No. 37/2024 s. 52.