Australian Capital Territory Numbered Acts

AUSTRALIAN CRIME COMMISSION (ACT) ACT 2003 (NO. 58 OF 2003) - SECT 25

    (1)     A person commits an offence if—

        (a)     the person is served with, or otherwise given, a summons or notice containing a notation made under section 24; and

        (b)     the person states, communicates or otherwise publishes something that discloses—

              (i)     the existence of the summons or notice or any information about it; or

              (ii)     the existence of, or any information about, any official matter connected with the summons or notice; and

        (c)     the person makes the statement, publication or other communication reckless about whether it will make a disclosure of a kind mentioned in paragraph (b).

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

    (2)     Subsection (1) does not apply to a statement, publication or other communication made—

        (a)     in accordance with the circumstances (if any) stated in the notation; or

        (b)     to a legal practitioner for the purpose of obtaining legal advice or representation relating to the summons, notice or matter; or

        (c)     if the person is a corporation—to an officer or agent of the corporation for the purpose of ensuring compliance with the summons or notice; or

        (d)     if the person is a legal practitioner—for the purpose of obtaining the agreement of another person under section 26 (4) to the legal practitioner answering a question or producing a document at an examination before an examiner.

    (3)     A person commits an offence if—

        (a)     a statement, publication or other communication is made to the person as allowed by subsection (2) or (4); and

        (b)     while the person is a person to whom a statement, communication or publication is allowed to be made, the person makes a statement, publication or other communication (the later communication ) that discloses—

              (i)     the existence of, or any information about, the summons or notice; or

              (ii)     the existence of or, any information about, any official matter connected with the summons or notice; and

        (c)     the person is reckless about whether the later communication will make a disclosure of a kind mentioned in paragraph (b).

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

    (4)     Subsection (3) does not apply—

        (a)     if the person is an officer or agent of a corporation mentioned in subsection (2) (c)—to a statement, publication or other communication to—

              (i)     another officer or agent of the corporation for the purpose of ensuring compliance with the summons or notice; or

              (ii)     a legal practitioner for the purpose of obtaining legal advice or representation relating to the summons, notice or matter; or

        (b)     if the person is a legal practitioner—to a statement, publication or other communication for the purpose of giving legal advice, or making representations, relating to the summons, notice or matter.

    (5)     A person commits an offence if—

        (a)     a statement, publication or other communication is made to the person as allowed by subsection (2) or (4); and

        (b)     after the person ceases to be a person to whom a statement, publication or other communication is allowed to be made, the person—

              (i)     makes a record of the summons or notice or any information about it; or

              (ii)     discloses (the "later disclosure")—

    (A)     the existence of the summons or notice or any information about it; or

    (B)     the existence of, or any information about, any official matter connected with the summons or notice; and

        (c)     in the case of a disclosure mentioned in paragraph (b) (ii)—the person is reckless about whether the later disclosure is a disclosure of a kind mentioned in that subparagraph.

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

    (6)     This section ceases to apply to a summons or notice after—

        (a)     the notation contained in the summons or notice is cancelled by section 24 (4) (Disclosure of summons or notice may be prohibited); or

        (b)     5 years elapse after the day of issue of the summons or notice;

whichever is sooner.

    (7)     A reference in this section to disclosing something's existence includes disclosing information from which a person could reasonably be expected to infer its existence.

    (8)     In this section:

official matter means any of the following (whether past, present or contingent):

        (a)     the determination referred to in section 22 (4) (Power to summon witnesses and take evidence);

        (b)     an ACC operation/investigation;

        (c)     an examination held by an examiner;

        (d)     court proceedings.