Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 179

    (1)     This section applies in relation to the examination of a person under an examination notice (other than a notice that is a non-disclosable examination notice under section 172 (2) (Examination notices—giving)).

Note 1     For non-disclosable examination notices, see s 172 (2). The disclosure of the existence or operation of a non-disclosable examination notice is prohibited (see s 192).

Note 2     The disclosure of matter relating to a direction under this section is prohibited (see s 185).

    (2)     An authorised investigator may, on the investigator's own initiative or at the request of the person being examined or the DPP, give directions prohibiting or restricting the publication or disclosure of 1 or more of the following:

        (a)     the fact that an examination notice has been given to a person;

        (b)     any information about the examination (whether or not an examination has been held);

        (c)     any information given, statement made, document produced or thing done during the examination;

        (d)     any information, document or thing derived from anything mentioned in this subsection.

    (3)     In deciding whether to give a direction under subsection (2), the authorised investigator must have regard to whether the direction—

        (a)     would promote the purposes of this Act; or

        (b)     is desirable to protect the integrity of an investigation (however described) for any purpose or a prosecution of an offence.

    (4)     The authorised investigator may also have regard to any other relevant matter in deciding whether to give a direction under subsection (2).