MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 20 Confidentiality of witness summons and orders

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 20

    (1)     Subject to subsections (2) and (3), the Supreme Court or the Chief Examiner may give a person to whom a witness summons is issued under this Part or in respect of whom an order is made under section 18 or any person who executes an order under section 18 a written notice stating—

        (a)     that the summons or order is a confidential document; and

        (b)     that it is an offence to disclose to anyone else, except in the circumstances, if any, specified in the notice, the existence of the document or the subject-matter of the organised crime offence in relation to which the summons was issued or the order was made or any official matter connected with the summons or order, unless the person has a reasonable excuse.

S. 20(2) substituted by No. 55/2014 s. 158(1).

    (2)     The Supreme Court or the Chief Examiner must give a notice under subsection (1) if satisfied that failure to do so—

        (a)     would reasonably be expected to prejudice—

              (i)     the safety 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 investigation of the organised crime offence in relation to which the summons was issued or the order was made; or

        (b)     would otherwise be contrary to the public interest.

S. 20(3) substituted by No. 55/2014 s. 158(1).

    (3)     The Supreme Court or the Chief Examiner may give a notice under subsection (1) if satisfied that failure to do so—

        (a)     might prejudice the effectiveness of an investigation of the organised crime offence in relation to which the summons was issued or the order was made; or

        (b)     might otherwise be contrary to the public interest.

    (4)     If the Supreme Court gives a notice under subsection (1), the applicant for the witness summons or order under section 18, as the case may be, must give a copy of the notice to the Chief Examiner.

    (5)     If the Supreme Court or the Chief Examiner gives a notice under subsection (1), a person must not, without reasonable excuse, disclose to anyone else, except in the circumstances, if any, specified in the notice—

        (a)     the existence of the witness summons or order; or

        (b)     the subject-matter of the organised crime offence in relation to which the witness summons was issued or the order was made; or

        (c)     any official matter connected with the witness summons or order.

Penalty:     120 penalty units or imprisonment for 12 months or both.

    (6)     It is a reasonable excuse for a person to disclose the existence of the witness summons or order or the subject-matter of the organised crime offence in relation to which it was issued or made or any official matter connected with the summons or order if—

        (a)     the disclosure is made for the purposes of—

              (i)     seeking legal advice in relation to the summons or order or an offence against subsection (5); or

              (ii)     obtaining information in order to comply with the summons or order; or

              (iii)     the administration of this Act; and

        (b)     the person informs the person to whom the disclosure is made that it is an offence to disclose to anyone else the existence of the summons or order or the subject-matter of the organised crime offence in relation to which it was issued or made or any official matter connected with the summons or order, unless the person has a reasonable excuse.

    (7)     A notice under subsection (1) ceases to have effect if after the conclusion of the police investigation of the organised crime offence—

        (a)     no evidence of an offence has been obtained; or

        (b)     evidence of one or more offences has been obtained but a decision has been made not to commence any criminal proceedings in which the evidence would be relevant; or

        (c)     evidence of one or more offences committed by only one person has been obtained and criminal proceedings have commenced against that person; or

        (d)     evidence of one or more offences committed by 2 or more persons has been obtained and—

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

              (ii)     criminal proceedings have commenced against one or more of those persons and the Chief Commissioner has been advised that no other persons will be prosecuted.

    (8)     If a notice under subsection (1) ceases to have effect under subsection (7), the Chief Examiner must give notice in writing of that fact to each person who was given the notice under subsection (1).

S. 20(8A) inserted by No. 3/2009 s. 6.

    (8A)     If the Supreme Court or the Chief Examiner is satisfied that the circumstances referred to in subsection (2) or (3) that led to the giving of a notice under subsection (1) no longer apply, the Court or the Chief Examiner, as the case may be, must give written notice of that fact to the person to whom the notice under subsection (1) was given.

S. 20(8B) inserted by No. 3/2009 s. 6.

    (8B)     On the giving of the notice under subsection (8A), the notice under subsection (1) ceases to have effect.

S. 20(8C) inserted by No. 3/2009 s. 6 (as amended by No. 55/2009 s. 56).

    (8C)     A notice under subsection (1) ceases to have effect at the end of the period of 5 years after the notice is given (or that period as extended under subsection (8F)) unless the notice has ceased to have effect earlier.

S. 20(8D) inserted by No. 3/2009 s. 6.

    (8D)     Subsection (8C) applies to a notice given on or after, or which is in effect on, the commencement of section 6 of the Major Crime Legislation Amendment Act 2009 .

S. 20(8E) inserted by No. 3/2009 s. 6.

    (8E)     If the Chief Examiner or the Chief Commissioner is satisfied that an extension to the 5-year period referred to in subsection (8C) is necessary to protect a matter specified in subsection (8F)(a), (b), (c) or (d), the Chief Examiner or the Chief Commissioner must apply to the Supreme Court for an extension of that period.

S. 20(8F) inserted by No. 3/2009 s. 6.

    (8F)     The Supreme Court, on the application of the Chief Examiner or the Chief Commissioner under subsection (8E), may extend the 5-year period referred to in subsection (8C), if the Court is satisfied that an extension is necessary to protect—

        (a)     an investigation that is continuing (whether or not the investigation is, or is related to, the investigation in relation to which the witness summons was issued); or

        (b)     any proceeding that has been commenced but not finally determined; or

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

        (d)     the fair trial of a person who has or may be charged with an offence.

    (9)     In this section—

"official matter" means any of the following—

        (a)     the coercive powers order in reliance on which the witness summons was issued or the order under section 18 was made;

        (b)     the investigation of the organised crime offence in relation to which the witness summons was issued or the order under section 18 was made;

        (c)     an examination by the Chief Examiner for the purposes of that investigation;

        (d)     any court proceedings in relation to the witness summons or the order under section 18.

Part 3—Chief Examiner and Examiners