Disclosure contrary to notation under s. 99
167 Disclosure contrary to notation under s. 99
In this section —
notation means a notation made under section 99 on a notice or summons;
notice or summons means a notice or summons containing a notation;
official matter has the meaning given to that term in section 99;
restricted matter means any of the following —
the existence of a notice or summons or any information about it;
the existence of any official matter connected with a notice or summons or any information about that official matter.
This section applies to —
a person who is served with a notice or summons; or
a person to whom restricted matter is disclosed in circumstances referred to in subsection (4).
Subject to subsection (4), a restricted matter must not be disclosed by a person to whom this section applies.
Penalty: Imprisonment for 3 years and a fine of $60 000.
A restricted matter may be disclosed —
in accordance with the circumstances, if any, specified in the notation; or
to a legal practitioner for the purpose of obtaining legal advice or representation relating to the notice or summons; or
to a person for the purpose of obtaining legal aid relating to the notice or summons; 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 the 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.
This section ceases to apply if —
under section 99(7) the notation ceases to have effect; or
a period of 5 years elapses after the issue of the notice or summons.
Subsection (5) does not affect the operation of section 151 in relation to a restricted matter.
A reference in this section to disclosing the existence of something includes disclosing information from which a person could reasonably be expected to infer its existence.
[Section 167 inserted: No. 78 of 2003 s. 22.]
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