Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 40

Disclosure where notice given to Attorney - General under subsection   24(1)

  (1)   A person commits an offence if:

  (a)   the person is the prosecutor, the defendant or the defendant's legal representative in a federal criminal proceeding; and

  (b)   the person gives notice to the Attorney - General under subsection   24(1) about the disclosure of information in the proceeding; and

  (c)   section   41 does not apply; and

  (d)   after giving the notice, the person discloses the information (whether in the proceeding or otherwise) at any time before the Attorney - General gives the person a certificate under subsection   26(2) or (3) or advice under subsection   26(7) in relation to the disclosure of the information; and

  (e)   the disclosure does not take place in permitted circumstances; and

  (f)   the disclosure is likely to prejudice national security.

Penalty:   Imprisonment for 2 years.

Disclosure where advice given under subsection   24(3)

  (1A)   A person commits an offence if:

  (a)   the person is advised under subsection   24(3) that a notice about the disclosure of information in a federal criminal proceeding has been given to the Attorney - General; and

  (b)   the advice includes a description of the information; and

  (c)   section   41 does not apply; and

  (d)   after being advised, the person discloses the information (whether in the proceeding or otherwise) at any time before the Attorney - General gives the person a certificate under subsection   26(2) or (3) or advice under subsection   26(7) in relation to the disclosure of the information; and

  (e)   the disclosure does not take place in permitted circumstances; and

  (f)   the disclosure is likely to prejudice national security.

Penalty:   Imprisonment for 2 years.

Disclosure where notice given to Attorney - General under section   25

  (2)   If:

  (a)   the prosecutor gives notice to the Attorney - General under subsection   25(6) that the prosecutor knows , believes or is advised that an answer by a witness in a hearing in relation to a federal criminal proceeding will disclose information; and

  (b)   section   41 does not apply; and

  (c)   the prosecutor or the witness discloses the information (whether in the proceeding or otherwise) at any time before the Attorney - General gives the prosecutor or the witness a certificate under subsection   26(2) or (3) or advice under subsection   26(7) in relation to the disclosure of the information; and

  (d)   the disclosure does not take place in permitted circumstances; and

  (e)   the disclosure is likely to prejudice national security;

the prosecutor or the witness commits an offence.

Penalty:   Imprisonment for 2 years.