Australian Capital Territory Current Acts

AUSTRALIAN CRIME COMMISSION (ACT) ACT 2003 - SECT 46

    (1)     This section applies to a person who is or has been—

        (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 commits an offence if the person—

        (a)     makes a record of any information ( restricted information ) acquired by the person because of, or in the course of, the exercise of the person's functions under this Act; or

        (b)     states, publishes or otherwise communicates restricted information reckless about whether the statement, publication or other communication divulges or communicates restricted information to anyone.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (3)     Subsection (2) does not apply if the making of the record or divulging or communicating of information is or was done for a relevant Act or otherwise in relation to the exercise of the person's functions under a relevant Act.

    (4)     A person to whom this section applies cannot be required to produce in any court any document that has come into the person's custody or control in the course of, or because of, the exercise of the person's functions under this Act, or to divulge or communicate to a court anything that has come to the person's notice in the exercise of those functions, except if the ACC, or the CEO, the acting CEO, a member of the board or an examiner in the examiner's 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 brought because of an operation or investigation carried out by the ACC in the exercise of its functions.

    (5)     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 mentioned in the ACC Act

, section 4 (1), definition of member of the staff of the ACC ; or

        (b)     a person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 10 (Counsel assisting ACC) in the exercise of the legal practitioner's functions as counsel to the ACC.

produce includes permit access to.

relevant Act means the ACC Act

, this Act or any corresponding Act of a State.