Secrecy
51 Secrecy
This section applies to:
the CEO; and
a member of the Board; and
a member of the staff of the ACC; and
an examiner.
A person to whom this section applies who, either directly or indirectly, except for the purposes of a relevant Act or otherwise in connection with the performance of his or her duties under a relevant Act, and either while he or she is or after he or she ceases to be a person to whom this section applies:
makes a record of any information; or
divulges or communicates to any person any information;
being information acquired by him or her by reason of, or in the course of, the performance of his or her duties under this Act, commits an offence punishable on conviction by imprisonment for a period not exceeding 2 years, a fine not exceeding 120 penalty units, or both.
A person to whom this section applies shall not be required to produce in any court any document that has come into his or her custody or control in the course of, or by reason of, the performance of his or her duties under this Act, or to divulge or communicate to a court a matter or thing that has come to his or her notice in the performance of his or her duties under this Act, except where the ACC, or the CEO, the acting CEO, a member of the Board or an examiner in his or her official capacity, is a party to the relevant proceeding or it is necessary to do so:
for the purpose of carrying into effect the provisions of a relevant Act; or
for the purposes of a prosecution instituted as a result of an operation or investigation carried out by the ACC in the performance of its functions.
In this section:
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
member of the staff of the ACC means:
a person referred to in the definition of member of the staff of the ACC in subsection 4(1); or
a person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 50 in the performance of the legal practitioner’s duties as counsel to the ACC.
produce includes permit access to, and production has a corresponding meaning.
relevant Act means:
this Act; or
a law of a State under which the ACC performs a duty or function, or exercises a power, in accordance with section 55A; or
the National Anti‑Corruption Commission Act 2022 or regulations under that Act; or
the Parliamentary Joint Committee on Law Enforcement Act 2010 or regulations under that Act; or
the Inspector‑General of Intelligence and Security Act 1986, or any other Act, or instrument made under an Act, that confers functions, duties or powers on the Inspector‑General of Intelligence and Security.
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