Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 22

Offences of disclosure

22. Offences of disclosure



(1) A person who is served with, or otherwise given, a summons or notice
containing a notation made under section 21 must not disclose-

   (a)  the existence of the summons or notice or any information about it; or

   (b)  the existence of, or any information about, any official matter
        connected with the summons or notice.

Penalty: $2200 or imprisonment for one year.

(2) Subsection (1) does not prevent the person from making a disclosure-

   (a)  in accordance with the circumstances, if any, specified in the
        notation; or

   (b)  to a legal practitioner for the purpose of obtaining legal advice or
        representation relating to the summons, notice or matter; or

   (c)  if the person is a body corporate, to an officer or agent of the body
        corporate for the purpose of ensuring compliance with the summons or
        notice; or

   (d)  if the person is a legal practitioner, for the purpose of obtaining
        the agreement of another person under section 23(3) to the legal
        practitioner answering a question or producing a document at an
        examination before an examiner.





(3) If a disclosure is made to a person as permitted by subsection (2) or (4),
the following provisions apply-

   (a)  while he or she is a person of a kind to whom a disclosure is so
        permitted to be made, he or she must not disclose the existence of, or
        any information about, the summons or notice, or any official matter
        connected with it, except as permitted by subsection (4);

   (b)  while he or she is no longer such a person, he or she must not, in any
        circumstances, make a record of, or disclose the existence of, the
        summons, notice or matter, or disclose any information about any of
        them.

Penalty: $2200 or imprisonment for one year.

(4) A person to whom information has been disclosed, as permitted by
subsection (2) or this subsection, may disclose that information-

   (a)  if the person is an officer or agent of a body corporate referred to
        in subsection (2)(c)-

   (i)  to another officer or agent of the body corporate for the purpose of
        ensuring compliance with the summons or notice; or

   (ii) to a legal practitioner for the purpose of obtaining legal advice or
        representation relating to the summons, notice or matter; or

   (b)  if the person is a legal practitioner, for the purpose of giving legal
        advice, or making representations, relating to the summons, notice or
        matter.



(5) This section ceases to apply to a summons or notice after-

   (a)  the notation contained in the summons or notice is cancelled by
        section 21(4); or

   (b)  5 years elapse after the issue of the summons or notice-

whichever is sooner.

(6) A reference in this section to disclosing something's existence includes
disclosing information from which a person could reasonably be expected to
infer its existence.

(7) In this section-

official matter means any of the following (whether past, present or
contingent)-

   (a)  the determination referred to in section 19(3);

   (b)  an ACC operation/investigation;

   (c)  an examination held by an examiner;

   (d)  court proceedings.