New South Wales Repealed Acts

This legislation has been repealed.

NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT 1984 - SECT 18A

18A Disclosure of summons or notice etc may be prohibited

(1) The member issuing a summons under section 17 or a notice under section 18 must, or may, as provided in subsection (2), include in it a notation to the effect that disclosure of information about the summons or notice, or any official matter connected with it, is prohibited except in the circumstances, if any, specified in the notation.

(2) A notation must not be included in the summons or notice except as follows:

(a) the member must include the notation if satisfied that failure to do so would reasonably be expected to prejudice:

(i) the safety or reputation of a person, or

(ii) the fair trial of a person who has been or may be charged with an offence, or

(iii) the effectiveness of an investigation,

(b) the member may include the notation if satisfied that failure to do so might prejudice:

(i) the safety or reputation of a person, or

(ii) the fair trial of a person who has been or may be charged with an offence, or

(iii) the effectiveness of an investigation,

(c) the member may include the notation if satisfied that failure to do so might otherwise be contrary to the public interest.

(3) If a notation is included in the summons or notice, it must be accompanied by a written statement setting out the rights and obligations conferred or imposed by section 18B on the person who was served with, or otherwise given, the summons or notice.

(4) If, after the Authority has concluded the investigation concerned:

(a) no evidence of an offence has been obtained as described in section 6 (1), or

(b) evidence of an offence or offences has been assembled and given as required by section 6 (1) and the Authority has been advised that no person will be prosecuted, or

(c) evidence of an offence or offences committed by only one person has been assembled and given as required by section 6 (1) and criminal proceedings have begun against that person, or

(d) evidence of an offence or offences committed by 2 or more persons has been assembled and given as required by section 6 (1) and:

(i) criminal proceedings have begun against all those persons, or

(ii) criminal proceedings have begun against one or more of those persons and the Authority has been advised that none of the other of those persons will be prosecuted,

all the notations that were included under this section in any summonses or notices relating to the investigation are cancelled by this subsection.

(5) If a notation is cancelled by subsection (4), the Authority must serve a written notice of that fact on each person who was served with, or otherwise given, the summons or notice containing the notation.

(6) If a notation made under subsection (1) is inconsistent with a direction given under section 16 (9), a notation has no effect to the extent of the inconsistency.