Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 46A

Disclosure where notice given to Attorney - General under subsection   38D(1)

  (1)   A person commits an offence if:

  (a)   the person is a party, or a legal representative of a party, to a civil proceeding; and

  (b)   the person gives notice to the Attorney - General under subsection   38D(1) about the disclosure of information in the proceeding; and

  (c)   section   46B 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   38F(2) or (3) or advice under subsection   38F(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   38D(4)

  (1A)   A person commits an offence if:

  (a)   the person is advised under subsection   38D(4) that a notice about the disclosure of information in a civil proceeding has been given to the Attorney - General; and

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

  (c)   section   46B 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   38F(2) or (3) or advice under subsection   38F(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   38E

  (2)   If:

  (a)   a witness gives a written answer to the court under section   38E in a civil proceeding; and

  (b)   section   46B does not apply; and

  (c)   the witness discloses information given in the written answer (whether in the proceeding or otherwise) at any time after the written answer is given to the court and before the Attorney - General gives the witness a certificate under subsection   38F(2) or (3) or advice under subsection   38F(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 witness commits an offence.

Penalty:   Imprisonment for 2 years.