Disclosure of certain information restricted
151 Disclosure of certain information restricted
In this section —
restricted matter means any of the following —
any evidence given before the Commission;
the contents of any statement of information or document, or a description of any thing, produced to the Commission;
the contents of any document, or a description of any thing, seized under this Act or by an authorised officer under the Criminal Property Confiscation Act 2000;
any information that might enable a person who has been, or is about to be, examined before the Commission to be identified or located;
the fact that any person has been or may be about to be examined before the Commission.
Subject to subsections (3) and (4), a restricted matter must not be disclosed.
Unless the Commission orders otherwise, a restricted matter may be disclosed if that matter has already been disclosed at a part of an examination that was open to the public.
A restricted matter may be disclosed —
in accordance with a direction of the Commission; or
to a legal practitioner for the purpose of obtaining legal advice or representation relating to a notice, summons or matter; or
to a person for the purpose of obtaining legal aid relating to a notice, summons or matter; or
to an officer or agent of a body corporate by the body corporate or another officer or agent of the body corporate for the purpose of ensuring compliance with a notice or summons; or
by a legal practitioner for the purpose of complying with a legal duty of disclosure arising from his or her professional relationship with a client; or
by a legal practitioner referred to in paragraph (b) for the purpose of giving legal advice, making representations, or obtaining legal aid, relating to the notice, summons or matter; or
by a person referred to in paragraph (c) for the purpose of obtaining legal aid relating to the notice, summons or matter; or
if that disclosure is otherwise authorised or required under this Act.
This section does not apply to —
the Commission or a relevant person as defined in section 152(1); or
a relevant person as defined in section 208(1),
in relation to a restricted matter that is official information under section 152 or 208, as the case may be.
This section does not apply to —
an authority or person referred to in section 153 or 209; or
any person or employee under the control of an authority or person referred to in section 153 or 209,
in relation to a restricted matter that is information to which section 153 or 209, as the case may be, applies.
If a restricted matter is disclosed contrary to this section, any person who so discloses the matter, or causes the matter to be so disclosed, commits an offence.
Penalty: Imprisonment for 3 years and a fine of $60 000.
[Section 151, formerly section 18, amended: No. 78 of 2003 s. 35(13); renumbered as section 151: No. 78 of 2003 s. 35(1); No. 10 of 2018 s. 17.]
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