Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3ZZHA

  (1)   A person commits an offence if:

  (a)   the person discloses information; and

  (b)   the information relates to:

  (i)   an application for a delayed notification search warrant; or

  (ii)   the execution of a delayed notification search warrant; or

  (iii)   a report under section   3ZZFA in relation to a delayed notification search warrant; or

  (iv)   a warrant premises occupier's notice or an adjoining premises occupier's notice prepared in relation to a delayed notification search warrant.

Penalty:   Imprisonment for 2 years.

  (2)   Each of the following is an exception to the offence created by subsection   (1):

  (a)   the disclosure is in connection with the administration or execution of this Part;

  (aa)   the disclosure is for the purposes of obtaining or providing legal advice related to this Part;

  (b)   the disclosure is for the purposes of any legal proceeding arising out of or otherwise related to this Part or of any report of any such proceedings;

  (c)   the disclosure is in accordance with any requirement imposed by law;

  (d)   the disclosure is for the purposes of:

  (i)   the performance of duties or functions or the exercise of powers under or in relation to this Part; or

  (ii)   the performance of duties or functions or the exercise of powers by a law enforcement officer, an officer of the Australian Security Intelligence Organisation, a staff member of the Australian Secret Intelligence Service or a person seconded to either of those bodies;

  (da)   the disclosure is made by anyone to the Ombudsman, a Deputy Commonwealth Ombudsman or a member of the Ombudsman's staff (whether in connection with the exercise of powers or performance of functions under Division   7, in connection with a complaint made to the Ombudsman or in any other circumstances);

  (e)   the disclosure is made after a warrant premises occupier's notice or an adjoining premises occupier's notice has been given in relation to the warrant;

  (f)   the disclosure is made after a direction has been given under subsection   3ZZDA(4) or 3ZZDB(4) in relation to the warrant.

Note:   A defendant bears an evidential burden in relation to a matter in subsection   (2)--see subsection   13.3(3) of the Criminal Code .