Disclosing information
32 Disclosing information
A corporation or an officer of a corporation may disclose information to any one or more of the following without contravening section 31:
the DPP, a police officer or a member of the Australian Crime
Commission;
an officer of the corporation, for giving information under section 13;
an officer of the corporation, for ensuring that a requirement of a notice under section 14 is complied with;
an officer of the corporation, for ensuring that an examination order, a production order, a monitoring order or a suspension order is complied with;
a legal practitioner, for obtaining legal advice or representation in relation to giving information under section 13 or complying with a requirement under section 14;
a legal practitioner, for obtaining legal advice or representation in relation to an examination order, a production order, a monitoring order or a suspension order.
An individual who is not acting in the capacity of an officer of a corporation or of a legal practitioner may disclose information to any one or more of the following without contravening section 31:
the DPP;
a police officer;
a member of the Australian Crime Commission;
a legal practitioner, for obtaining legal advice or representation in relation to an examination order.
A legal practitioner to whom information is disclosed under subsection (1) or (2) may disclose the information to a person to whom it could have been disclosed under the respective subsection for giving legal advice or representing a person in relation to the matter disclosed.
Subject to subsection (5), a person (except a legal practitioner) to whom information is disclosed under subsection (1) or (2) may disclose the information to another person to whom it could have been disclosed under the respective subsection.
If information about a particular matter may only be disclosed under subsection (1) or (2) in particular circumstances or for a particular purpose, a person must not disclose the information under subsection (4) except in those circumstances or for that purpose.
If a person to whom information about a particular matter is disclosed under this section stops being a person of a kind to whom the information may be disclosed, he or she must not disclose the information to anyone except a police officer, the DPP or a member of the Australian Crime Commission.
A person who contravenes subsection (6) commits an offence.
Maximum penalty: 1 000 penalty units or imprisonment for
5 years.
This Act’s bill:Second reading speech
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