Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-1 - EXAMINATIONS  

Division 4 - Offences  

Note:

In addition to the offences in this Division, there are other offences that may be relevant to examinations, such as sections 137.1 (false or misleading information) and 137.2 (false or misleading documents) of the Criminal Code .

SECTION 201   Breaching directions preventing or restricting publication  

201(1)    


A person commits an offence if:


(a) the person publishes a matter contained in answers given or documents produced in the course of an * examination; and


(b) the publication is in contravention of a direction given under section 193 by the * approved examiner who conducted the examination.

Penalty: 30 penalty units.


201(2)    
This section does not apply to disclosure of a matter:


(a) to obtain legal advice or legal representation in relation to the order; or


(b) 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 .





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