Offences of disclosure
7 Offences of disclosure
A person who is served with, or otherwise given, a summons or notice containing a notation made under clause 6 must not disclose—
the existence of the summons or notice or any information about it; or
the existence of, or any information about, any official matter connected with the summons or notice.
Maximum penalty: $5 000 or imprisonment for 1 year.
Subclause (1) does not prevent the person from making a disclosure—
in accordance with the circumstances, if any, specified in the notation; or
for the purpose of—
obtaining legal advice or legal representation or for the purposes of determining whether a person is entitled to an indemnity for legal costs; or
obtaining medical or psychological assistance from a medical practitioner or psychologist; or
where the information relates to the person and is disclosed by the person to a close family member of the person (within the meaning of section 54);
or
if the person is a body corporate—to an officer or agent of the body corporate for the purpose of ensuring compliance with the summons or notice; or
if the person is a legal practitioner—for the purpose of obtaining the agreement of another person under clause 8(3) to the legal practitioner answering a question or producing a document at an examination before an examiner.
If a disclosure is made to a person as permitted by subclause (2) or (4), the following provisions apply:
while he or she is a person of a kind to whom a disclosure is so permitted to be made, he or she must not disclose the existence of, or any information about, the summons or notice, or any official matter connected with it, except as permitted by subclause (4);
while he or she is no longer such a person, he or she must not, in any circumstances, make a record of, or disclose the existence of, the summons, notice or matter, or disclose any information about any of them.
Maximum penalty: $5 000 or imprisonment for 1 year.
A person to whom information has been disclosed, as permitted by subclause (2) or this subclause, may disclose that information—
if the person is an officer or agent of a body corporate referred to in subclause (2)(d)—
to another officer or agent of the body corporate for the purpose of ensuring compliance with the summons or notice; or
to a legal practitioner for the purpose of obtaining legal advice or representation relating to the summons, notice or matter; or
if the person is a legal practitioner—for the purpose of giving legal advice, or making representations, relating to the summons, notice or matter.
This clause ceases to apply to a summons or notice after—
the notation contained in the summons or notice is cancelled by clause 6(4);
or
5 years elapse after the issue of the summons or notice, whichever is sooner.
A reference in this clause to disclosing something's existence includes disclosing information from which a person could reasonably be expected to infer its existence.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.