Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 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 all or any 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).