INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 129A The IBAC may issue suppression order

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 129A

    (1)     The IBAC may issue a suppression order prohibiting or restricting the publication of         any information or evidence given during a public examination if the IBAC considers that the suppression order is necessary—

        (a)     to prevent prejudice or hardship being caused to any person, including harm to their safety or reputation; or

        (b)     to avoid the possibility of any prejudice to legal proceedings; or

        (c)     for any other reason having regard to all the circumstances.

    (2)     A suppression order must specify the ground on which it is made.

    (3)     The IBAC must cause a copy of the suppression order to be placed on the door of the place where the public examination is being held.

    (4)     The IBAC must take reasonable steps, including by publishing notice of the making of the suppression order on the IBAC's website, to notify any relevant person or body corporate that a suppression order has been made.

    (5)     If the suppression order is made in relation to information or evidence that is given by the IBAC to another person, the IBAC must cause a copy of the suppression order to be given to that person.

    (6)     A suppression order made under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994 .

    (7)     A person must not engage in conduct that constitutes a contravention of a suppression order that is in force under this section if the person—

        (a)     knows that the suppression order is in force; or

        (b)     is reckless as to whether the suppression order is in force.

Penalty:     In the case of a natural person, 600 penalty units or imprisonment for 5 years;

    In the case of a body corporate, 3000 penalty units.

Note

Section 185 applies to an offence against this subsection.

    (8)     An offence against subsection (7) is an indictable offence.

S. 130 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by Nos 82/2012 s. 18, 85/2012 s. 98.