Crimes Act 1914
View history note
Hide history noteA person commits an offence if:
(a) the person discloses information; and
(b) the information relates to:
(i) an application for a delayed notification search warrant; or
(ii) the execution of a delayed notification search warrant; or
(iii) a report under section 3ZZFA in relation to a delayed notification search warrant; or
(iv) a warrant premises occupier ' s notice or an adjoining premises occupier ' s notice prepared in relation to a delayed notification search warrant.
Penalty: Imprisonment for 2 years.
(2)
Each of the following is an exception to the offence created by subsection (1):
(a) the disclosure is in connection with the administration or execution of this Part;
(aa) the disclosure is for the purposes of obtaining or providing legal advice related to this Part;
(b) the disclosure is for the purposes of any legal proceeding arising out of or otherwise related to this Part or of any report of any such proceedings;
(c) the disclosure is in accordance with any requirement imposed by law;
(d) the disclosure is for the purposes of:
(i) the performance of duties or functions or the exercise of powers under or in relation to this Part; or
(ii) the performance of duties or functions or the exercise of powers by a law enforcement officer, an officer of the Australian Security Intelligence Organisation, a staff member of the Australian Secret Intelligence Service or a person seconded to either of those bodies;
(da) the disclosure is made by anyone to the Ombudsman, a Deputy Commonwealth Ombudsman or a member of the Ombudsman ' s staff (whether in connection with the exercise of powers or performance of functions under Division 7 , in connection with a complaint made to the Ombudsman or in any other circumstances);
(e) the disclosure is made after a warrant premises occupier ' s notice or an adjoining premises occupier ' s notice has been given in relation to the warrant;
(f) the disclosure is made after a direction has been given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant.
Note:
A defendant bears an evidential burden in relation to a matter in subsection (2) - see subsection 13.3(3) of the Criminal Code .
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