Commonwealth Consolidated Acts Commonwealth Consolidated ActsDisclosure of information by special advocate
(1) A person commits an offence if:
(a) the Attorney - General discloses information to the person under subsection 38PE(2) in relation to a civil proceeding; and
(b) the person discloses the information (whether in the proceeding or otherwise); and
(c) paragraphs 38PE(3)(a), (b) and (c) do not apply to the disclosure by the person.
Penalty: Imprisonment for 2 years.
(2) To avoid doubt, for the purposes of subsection ( 1) it does not matter whether the person also obtains the information in some way additional to that mentioned in paragraph ( 1)(a).
Communication by special advocate after disclosure of information by Attorney - General
(3) A person commits an offence if:
(a) the Attorney - General discloses information to the person under subsection 38PE(2) in relation to a civil proceeding; and
(b) the person communicates with another person about any matter connected with the proceeding; and
(c) the communication occurs after the disclosure mentioned in paragraph ( a); and
(d) paragraphs 38PF(2)(a), (b) and (c) do not apply to the communication.
Penalty: Imprisonment for 2 years.
Communication by party or legal representative after disclosure of information by Attorney - General
(4) A person commits an offence if:
(a) the person is or was a party to a civil proceeding; and
(b) the Attorney - General discloses information to a special advocate of the person under subsection 38PE(2) in relation to the proceeding; and
(c) the person communicates with the special advocate about any matter connected with the proceeding, other than in writing through the party's legal representative; and
(d) the communication occurs after the disclosure mentioned in paragraph ( b).
Penalty: Imprisonment for 2 years.
(5) A person commits an offence if:
(a) the Attorney - General discloses information to a special advocate of a party to a civil proceeding under subsection 38PE(2) in relation to the proceeding; and
(b) the person communicates with the special advocate about any matter connected with the proceeding, other than in writing; and
(c) the communication occurs after the disclosure mentioned in paragraph ( a); and
(d) the first person is the legal representative of the party:
(i) at or after the time disclosure occurs; and
(ii) at or before the time the communication occurs.
Penalty: Imprisonment for 2 years.