Disclosure, receipt or solicitation of other confidential material
37A Disclosure, receipt or solicitation of other confidential material
This section applies to any information, document or other thing that was the subject of a protection application that was not granted by the Supreme Court.
Subject to subsection (3), a person must not disclose, receive or solicit any information, document or other thing to which this section applies if the person knows or is reckless as to the fact that the information, document or other thing is information or a document or other thing to which this section applies.
Penalty: In the case of a natural person, level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both;
In the case of a body corporate, a level 2 fine (3000 penalty units maximum).
Subsection (2) does not apply to—
disclosure, receipt or solicitation of any information, document or other thing that was in the public domain at the time of the disclosure, receipt or solicitation; or
S. 37A(3)(b) amended by No. 47/2021 s. 19.
disclosure, receipt or solicitation of any information, document or other thing that has been adduced in evidence in relation to a substantive application or hearing; or
disclosure, receipt or solicitation of any information, document or other thing by a law enforcement officer in the performance of duty; or
disclosure of any information, document or other thing by a person to a lawyer, or the receipt or solicitation of any information, document or other thing by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or
disclosure, receipt or solicitation of any information, document or other thing that is published in accordance with an order of the Supreme Court under section 36(1); or
disclosure, receipt or solicitation of any information, document or other thing that is required, authorised or permitted by or under this Act.
A person does not commit an offence against subsection (2) if—
the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (3) existed at the time of the alleged commission of the offence; and
the contrary is not proved (beyond reasonable doubt) by the prosecution.
Pt 6 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 39.8).
Pt 6 (Heading and ss 25–37) amended by Nos 20/2005 s. 51, 30/2006 ss 11–14, 69/2007 ss 75, 76, 37/2014 s. 10(Sch. item 167.57), repealed by No. 76/2014 s. 8(1), new Pt 6 (Heading and ss 37B–37D) inserted by No. 32/2018 s. 78.
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