Publication of evidence, information or documents
41 Publication of evidence, information or documents
The Commission may give directions prohibiting or limiting the publication of—
any evidence given before the Commission or any information given to the Commission as part of an investigation; or
the contents of any document produced to the Commission as part of an investigation.
Subsection (1) applies whether or not a person was compelled to give the evidence or produce the information or document under section 36 or 37.
In deciding whether or not to give a direction under subsection (1), the Commission must have regard to the need to prevent such of the following as are relevant to the circumstances—
prejudice to the relations between the Government and the Commonwealth Government or between the Government and the Government of another State or a Territory;
the disclosure of deliberations or decisions of the Cabinet, or of a Committee of the Cabinet;
prejudice to the proper functioning of the Government;
the disclosure, or the ascertaining by a person, of the existence or identity of a confidential source of information in relation to the enforcement of the criminal law;
the endangering of the life or physical or psychological safety of any person;
prejudice to the proper enforcement of the law or the protection of public safety;
the disclosure of information the disclosure of which is prohibited, absolutely or subject to qualifications, by or under another Act;
the unreasonable disclosure of the personal affairs of any person or organisation;
the unreasonable disclosure of confidential commercial information.
This Act’s bill:Explanatory memorandumSecond reading speech
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