Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 44

Secrecy

44. Secrecy



(1) This section applies to-

   (a)  the CEO; and

   (b)  a member of the Board; and

   (c)  a member of the staff of the ACC; and

   (d)  an examiner.

(2) A person to whom this section applies who, either directly or indirectly,
except for the purposes of a relevant Act or otherwise in connection with the
performance of his or her functions under a relevant Act, and either while he
or she is or after he or she 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 him or her by reason of, or in the course of,
the performance of his or her functions under this Act, is guilty of an
offence punishable by a fine not exceeding $5500 or imprisonment for a period
not exceeding one year, or both.

(3) A person to whom this section applies cannot be required to produce in any
court any document that has come into his or her custody or control in the
course of, or by reason of, the performance of his or her functions under this
Act, or to divulge or communicate to a court a matter or thing that has come
to his or her notice in the performance of those functions, except where the
ACC, or the CEO, the acting CEO, a member of the Board or an examiner in his
or her official capacity, is a party to the relevant proceeding or it is
necessary to do so-

   (a)  for the purpose of carrying into effect the provisions of a relevant
        Act; or

   (b)  for the purposes of a prosecution instituted as a result of an
        operation or investigation carried out by the ACC in the performance
        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; member of the staff of
the ACC means-

   (a)  a person referred to in the definition of member of the staff of the
        ACC in section 4(1) of the ACC Act; or

   (b)  a person who assists, or performs services for or on behalf of, a
        legal practitioner appointed under section 7 in the performance of the
        legal practitioner's functions as counsel to the ACC; produce includes
        permit access to, and production has a corresponding meaning; relevant
        Act means the ACC Act, this Act or any corresponding Act of another
        State.