Disclosure
18 Disclosure
(1) This clause applies if a person obtains information—
(a) as a direct result of the exercise of a power (by the person or someone else), or performance (by the person) of a function, under Part 1 or 2; or
(b) as a result of a disclosure, or a series of disclosures, under this clause.
(2) The person may disclose the information to an authority described in an item of the following table for a purpose described in that item if—
(a) the person believes on reasonable grounds that the disclosure will serve that purpose; and
(b) a court has not made an order prohibiting the disclosure of the information to the authority for that purpose.
| Recipients and purposes of disclosure | ||
| Item | Authority to which disclosure may be made | Purpose for which disclosure may be made |
| 1 | Authority of a State or *self-governing Territory that has a function under a *corresponding law of the State or Territory | Any one or more of the following purposes—(a) engaging in proceedings under that corresponding law;(b) engaging in proceedings for the forfeiture of things under a law of that State or Territory;(c) deciding whether to institute proceedings of a kind referred to in paragraph (a) or (b) |
| 2 | Authority of the Commonwealth with one or more functions under this Act | Facilitating the authority’s performance of its functions under this Act |
| 3 | Authority of the Commonwealth, or of a State or *self-governing Territory, that has a function of investigating or prosecuting offences against a law of the Commonwealth, State or Territory | Assisting in the prevention, investigation or prosecution of an offence against that law that is punishable on conviction by imprisonment for at least 3 years or for life |
| 4 | Australian Taxation Office | Protecting public revenue |
(3) In a *criminal proceeding against a person who produced or made available a document under a *production order, none of the following that is disclosed under this clause is admissible in evidence against the person—
(a) the document;
(b) information contained in the document.
(4) Subclause (3) does not apply in a proceeding under, or arising out of, section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) in relation to producing the document or making it available.
Subclauses (3) and (4) reflect subclause 5(2).
(5) To avoid doubt—
(a) this clause does not prohibit the disclosure under section 266A of any information disclosed under this clause; and
(b) this clause does not affect the admissibility in evidence of any information, document or thing obtained as an indirect consequence of a disclosure under this clause.
This Act’s bill:Explanatory memorandumSecond reading speech
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