Existence and operation of assistance order not to be disclosed
24 Existence and operation of assistance order not to be disclosed
A person who is, or has been, the subject of an assistance order must not knowingly disclose the existence or operation of the order to any person except—
a person who is or was authorised to use a surveillance device under the relevant warrant; or
another person for the purpose of ensuring that the order is complied with; or
S. 24(1)(c) amended by Nos 18/2005 s. 18(Sch. 1 item 104), 17/2014 s. 160(Sch. 2 item 94).
an Australian lawyer acting for the person, for the purpose of obtaining legal advice or representation in relation to the order.
- Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.
A person to whom the existence or operation of an assistance order is disclosed in accordance with subsection (1) must not knowingly disclose the existence or operation of the order to any person except—
in the case of a person referred to in subsection (1)(a)—in the performance of his or her duty; or
in the case of a person referred to in subsection (1)(b)—for the purpose of ensuring that the order is complied with; or
in the case of a person referred to in subsection (1)(c)—for the purpose of giving legal advice or providing representation in relation to the order.
- Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.
Nothing in subsection (2) prevents the disclosure by a person referred to in subsection (1)(a) or (b) of the existence or operation of an assistance order in the course of legal proceedings or disciplinary proceedings.
A person referred to in subsection (1)(a) or (b) must not be required to disclose to any court the existence or operation of an assistance order.
A reference in this section to disclosing the existence or operation of an assistance order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the assistance order.
Note to s. 24 inserted by No. 13/2013 s. 42(3).
Note
Section 32 applies to an offence against subsection (1) or (2).
Pt 4 Div. 3 (Heading and ss 25–30) substituted as Pt 4 Div. 3 (Heading and ss 25–30A) by No. 26/2004 s. 10 (as amended by No. 63/2004 s. 14).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.