Disclosure of summons or notice may be prohibited
6 Disclosure of summons or notice may be prohibited
The examiner issuing a summons under clause 4 or a notice under clause 5 must, or may, as provided in subclause (2), include in it a notation to the effect that disclosure of information about the summons or notice, or any official matter connected with it, is prohibited except in the circumstances, if any, specified in the notation.
A notation must not be included in the summons or notice except as follows:
the examiner must include the notation if satisfied that failure to do so would reasonably be expected to prejudice—
the safety or reputation of a person; or
the fair trial of a person who has been or may be charged with an offence; or
the effectiveness of an investigation;
the examiner may include the notation if satisfied that failure to do so might prejudice—
the safety or reputation of a person; or
the fair trial of a person who has been or may be charged with an offence; or
the effectiveness of an investigation;
the examiner may include the notation if satisfied that failure to do so might otherwise be contrary to the public interest.
If a notation is included in the summons or notice, it must be accompanied by a written statement setting out the rights and obligations conferred or imposed by clause 7 on the person who was served with, or otherwise given, the summons or notice.
If, after the investigation concerned has been concluded—
no evidence of an offence has been obtained; or
evidence of an offence or offences has been assembled and the Commission has been advised that no person will be prosecuted; or
evidence of an offence or offences committed by only 1 person has been assembled and criminal proceedings have begun against that person;
or
evidence of an offence or offences committed by 2 or more persons has been assembled and—
criminal proceedings have begun against all those persons; or
criminal proceedings have begun against 1 or more of those persons and the Commission has been advised that no other of those persons will be prosecuted, all the notations that were included under this clause in any summonses or notices relating to the operation or investigation are cancelled by this subclause.
If a notation is cancelled by subclause (4), the Commission must serve a written notice of that fact on each person who was served with, or otherwise given, the summons or notice containing the notation.
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