Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:
Part IAA
-
Search, information gathering, arrest and related powers
Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Part IAA (heading) formerly read:
Part IAA
-
Search warrants and powers of arrest
Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1AA
-
Search warrants and powers of arrest
Division 4B
-
Power to obtain information and documents
History
Div 4B inserted by No 144 of 2005, s 3 and Sch
6 item 1, effective 15 December 2005.
Subdivision C
-
Power to obtain documents relating to serious terrorism and non-terrorism offences
History
Subdiv C inserted by No 144 of 2005, s 3 and Sch 6 item 1, effective 15 December 2005.
SECTION 3ZQT
Offence for disclosing existence or nature of notice
(1)
A
person commits an offence if:
(a)
the person
is given a notice under section
3ZQN
or
3ZQO
; and
(b)
the notice specifies that information about the notice must not
be disclosed; and
(c)
the
person discloses the existence or nature of the notice.
Penalty:
120 penalty units or imprisonment for 2 years, or both.
(2)
Subsection
(1) does not apply if:
(a)
the person discloses
the information to another person in order to obtain a document that is required
by the notice in order to comply with it, and that other person is directed
not to inform the person to whom the document relates about the matter; or
(b)
the disclosure is made to obtain legal
advice or legal representation in relation to the notice; or
(c)
the disclosure is made for the purposes
of, or in the course of, legal proceedings.
Note:
A defendant bears an evidential burden in relation to the matters in
subsection (2) (see subsection
13.3(3)
of
the
Criminal Code
).
History
S 3ZQT inserted by No
144 of 2005, s 3 and Sch 6 item 1, effective 15 December 2005.