Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 21

Disclosure of summons or notice may be prohibited

21. Disclosure of summons or notice may be prohibited



(1) The examiner issuing a summons under section 19 or a notice under section
20 must, or may, as provided in subsection (2), include in it a notation to
the effect that disclosure of information about the summons or notice, or any
official matter connected with it, is prohibited except in the circumstances,
if any, specified in the notation.

(2) A notation must not be included in the summons or notice except as
follows-

   (a)  the examiner must include the notation if satisfied that failure to do
        so would reasonably be expected to prejudice-

   (i)  the safety or reputation of a person; or

   (ii) the fair trial of a person who has been or may be charged with an
        offence; or

   (iii) the effectiveness of an operation or investigation;

   (b)  the examiner may include the notation if satisfied that failure to do
        so might prejudice-

   (i)  the safety or reputation of a person; or

   (ii) the fair trial of a person who has been or may be charged with an
        offence; or

   (iii) the effectiveness of an operation or investigation;

   (c)  the examiner may include the notation if satisfied that failure to do
        so might otherwise be contrary to the public interest.

(3) If a notation is included in the summons or notice, it must be accompanied
by a written statement setting out the rights and obligations conferred or
imposed by section 22 on the person who was served with, or otherwise given,
the summons or notice.

(4) If, after the ACC has concluded the operation or investigation concerned-

   (a)  no evidence of an offence has been obtained as described in section
        34(1); or



   (b)  evidence of an offence or offences has been assembled and given as
        required by section 34(1) and the CEO has been advised that no person
        will be prosecuted; or

   (c)  evidence of an offence or offences committed by only one person has
        been assembled and given as required by section 34(1) and criminal
        proceedings have begun against that person; or

   (d)  evidence of an offence or offences committed by 2 or more persons has
        been assembled and given as required by section 34(1) and-

   (i)  criminal proceedings have begun against all those persons; or

   (ii) criminal proceedings have begun against one or more of those persons
        and the CEO has been advised that no other of those persons will be
        prosecuted- all the notations that were included under this section in
        any summonses or notices relating to the operation or investigation
        are cancelled by this subsection.

(5) If a notation is cancelled by subsection (4), the CEO must serve a written
notice of that fact on each person who was served with, or otherwise given,
the summons or notice containing the notation.

(6) In this section-

official matter has the same meaning as in section 22.