(b)
the contents of any document, or a description of any thing, produced to the
Commission or seized under a search warrant, or
(c) any information that
might enable a person who has given or may be about to give evidence before
the Commission to be identified or located, or
(d) the fact that any person
has given or may be about to give evidence at a hearing,
must not be
published, or must not be published except in such manner, and to such
persons, as the Commission specifies.
(2) The Commission must give such a
direction if the failure to do so might prejudice the safety or reputation of
a person or prejudice the fair trial of a person who has been or may be
charged with an offence.
(3) A person must not make a publication in
contravention of a direction given under this section.
: Maximum penalty--100
penalty units or imprisonment for 2 years, or both.
(4) If--
(a) a person has
been charged with an offence before a court of the State, and
(b) the court
considers that it may be desirable in the interests of justice that particular
evidence given before the Commission in relation to which the Commission has
given a direction under this section be made available to the person or to a
legal practitioner representing the person and to the prosecutor,
the court
may give to the Commission a certificate to that effect and, if the court does
so, the Commission must make the evidence available to the court.
(5) If--
(a) the Commission makes evidence available to a court in accordance with
subsection (4), and
(b) the court, after examining the evidence, is satisfied
that the interests of justice so require,
the court may make the evidence
available to the person charged with the offence concerned or to an Australian
legal practitioner representing the person and to the prosecutor.
(6) This
section has effect subject to section 45A.
(6A) It is not a contravention of
a direction given under this section to publish any evidence, contents of a
document or information to a registered medical practitioner or registered
psychologist for the purposes of that health practitioner providing medical or
psychiatric care, treatment or counselling (including but not limited to
psychological counselling) to a person who has given or may be about to give
evidence at a hearing.
(7) In this section--
"publish" includes--
(a) disclose to a person, and
(b) in relation to
evidence or a record of evidence--disclose any information directly contained
in or implied from that evidence or record, except where the information could
be obtained elsewhere.
