A witness before the NSW Crime Commission cannot refuse to answer questions on the basis that the Commission has not made a non-publication direction expressly precluding disclosure to police or the DPP, because such absence does not constitute a 'reasonable excuse' under s 18(2). The concept of 'publication' in s 13(9) does not encompass disclosure to governmental authorities for statutory purposes. A s 13(9) direction cannot be made in respect of evidence not yet given, as the Commission must assess the content of the evidence before determining whether non-publication is required to prevent prejudice to a fair trial. The general law of contempt, rather than s 13(9), constrains the Commission from conduct that might prejudice pending criminal proceedings.
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