New South Wales Consolidated Acts

NEW SOUTH WALES CRIME COMMISSION ACT 1985 - SECT 29

29 Secrecy

(1) This section applies to:

(a) a member of the Commission, and

(b) a member of the staff of the Commission, and

(c) a member of a police task force assisting the Commission in accordance with an arrangement under section 27A, and

(d) a person to whom information is given either by the Commission or by a person referred to in paragraph (a), (b) or (c) on the understanding that the information is confidential.

(2) A person to whom this section applies who, either directly or indirectly, except for the purposes of this Act or otherwise in connection with the exercise of the person’s functions under this Act, and either while the person is or after the person ceases to be a person to whom this section applies:

(a) makes a record of any information, or

(b) divulges or communicates to any person any information,

being information acquired by the person by reason of, or in the course of, the exercise of functions under this Act, is guilty of an offence punishable, on conviction, by a fine not exceeding 50 penalty units or imprisonment for a period not exceeding one year, or both.

(3) A person to whom this section applies shall not be required to produce in any court any document that has come into the person’s custody or control in the course of, or by reason of, the exercise of functions under this Act, or to divulge or communicate to a court a matter or thing that has come to the person’s notice in the exercise of functions under this Act, except where the Commission, or a member in the member’s official capacity, is a party to the relevant proceedings or it is necessary to do so:

(a) for the purpose of carrying into effect the provisions of this Act, or

(b) for the purposes of a prosecution instituted as a result of an investigation conducted by the Commission in the exercise of its functions.

(4) In this section:
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
"produce" includes permit access to.