Offence for disclosing existence or nature of notice
3ZQT Offence for disclosing existence or nature of notice
A person commits an offence if:
the person is given a notice under section 3ZQN or 3ZQO; and
the notice specifies that information about the notice must not be disclosed; and
the person discloses the existence or nature of the notice.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
Subsection (1) does not apply if:
the person discloses the information to another person in order to obtain a document that is required by the notice in order to comply with it, and that other person is directed not to inform the person to whom the document relates about the matter; or
the disclosure is made to obtain legal advice or legal representation in relation to the notice; or
the disclosure is made for the purposes of, or in the course of, legal proceedings; or
the disclosure is made for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
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