Secrecy—legal practitioners

In force

(1)

A person commits an offence if:

(a)

the person has obtained information in the person’s capacity as the recipient of a legal practitioner disclosure; and

(b)

the person:

(i)

discloses the information to another person; or

(ii)

uses the information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2)

Subsection (1) does not apply if:

(a)

the disclosure or use is for the purpose of providing legal advice, or professional assistance, relating to a public interest disclosure (other than a legal practitioner disclosure) made, or proposed to be made, by the person who made the legal practitioner disclosure referred to in paragraph (1)(a); or

(b)

the information has previously been lawfully published.

Note:

A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

This Act’s bill:Explanatory memorandum Second reading speech

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67 Secrecy—legal practitioners