Disclosing existence or nature of production orders
9 Disclosing existence or nature of production orders
A person commits an offence if—
the person is given a *production order; and
the order specifies that information about the order must not be disclosed; and
the person discloses the existence or nature of the order to another person.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
A person commits an offence if—
the person is given a *production order; and
the order specifies that information about the order must not be disclosed; and
the person discloses information to another person; and
that other person could infer the existence or nature of the order from that information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Subclauses (1) and (2) do not apply if—
the person discloses the information to an employee, *agent or other person in order to obtain a document that is required by the *production order 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 order; or
the disclosure is made for the purposes of, or in the course of, legal proceedings.
A defendant bears an evidential burden in relation to the matters in subclause (3): see subsection 13.3(3) of the Criminal Code.
This Act’s bill:Explanatory memorandumSecond reading speech
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