Notation on notice or summons to restrict disclosure
99 Notation on notice or summons to restrict disclosure
In this section —
official matter means any of the following (whether past, present or contingent) —
the investigation for the purposes of which a notice or summons that includes a notation under this section was issued;
an examination before the Commission for the purposes of the investigation;
court proceedings.
A notice under section 94 or 95 or a summons under section 96 may include a notation to the effect that disclosure of information about the notice or summons, or about any official matter connected with it, is prohibited except in the circumstances, if any, specified in the notation.
The notation cannot be included unless subsection (4) requires it to be included or subsection (5) permits it to be included.
The notation is required to be included if the Commission is satisfied that failure to do so could reasonably be expected to prejudice —
the safety or reputation of a person; or
the fair trial of a person who has been or may be charged with an offence; or
the effectiveness of an investigation.
The notation may be included if the Commission is satisfied that failure to do so —
might prejudice —
the safety or reputation of a person; or
the fair trial of a person who has been or may be charged with an offence; or
the effectiveness of an investigation;
or
might otherwise be contrary to the public interest.
If the notation is included, it must be accompanied by a written statement describing the effect of section 167.
The notation ceases to have effect if, after the conclusion of the investigation concerned —
no evidence of an offence has been obtained; or
although evidence of an offence or offences has been obtained, it has been decided not to initiate any criminal proceedings in which the evidence would be relevant; or
evidence of an offence or offences committed by only one person has been obtained and criminal proceedings have been initiated against that person; or
evidence of an offence or offences committed by 2 or more persons has been obtained and —
criminal proceedings have been initiated against all those persons; or
criminal proceedings have been initiated against all those persons except any of them against whom it has been decided not to initiate criminal proceedings.
If the notation ceases to have effect because of subsection (7), the Commission must serve a written notice of that fact on each person who was served with the summons or notice containing the notation.
If the notation is inconsistent with a direction given under section 151(4)(a), the notation has no effect to the extent of the inconsistency.
[Section 99 inserted: No. 78 of 2003 s. 17.]
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