New South Wales Repealed Acts

This legislation has been repealed.

NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT 1984 - SECT 31

31 Secrecy

(1) This section applies to:

(a) a member of the Authority, and

(b) a member of the staff of the Authority.

(2) A person to whom this section applies who, either directly or indirectly, except for the purposes of a relevant Act or otherwise in connection with the performance of the person's duties under a relevant Act, and either while the person is or after the person ceases to be a person to whom this section applies:

(a) makes a record of any information, or

(b) divulges or communicates to any person any information,

being information acquired by the person by reason of, or in the course of, the performance of duties under this Act, is guilty of an offence punishable, on conviction, by a fine not exceeding 50 penalty units or imprisonment for a period not exceeding one year, or both.

(3) A person to whom this section applies shall not be required to produce in any court any document that has come into the person's custody or control in the course of, or by reason of, the performance of duties under this Act, or to divulge or communicate to a court a matter or thing that has come to the person's notice in the performance of duties under this Act, except where the Authority, or a member in the member's official capacity, is a party to the relevant proceedings or it is necessary to do so:

(a) for the purpose of carrying into effect the provisions of a relevant Act, or

(b) for the purposes of a prosecution instituted as a result of an investigation carried out by the Authority in the performance of its functions.

(4) In this section:
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
"member of the staff of the Authority" means:

(a) a person referred to in the definition of "member of the staff of the Authority" in section 4 (1) of the Commonwealth Act, or

(b) a person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 50 of the Commonwealth Act in the performance of the legal practitioner's duties as counsel to the Authority.

"produce" includes permit access to, and "production" has a corresponding meaning.
"relevant Act" means the Commonwealth Act, this Act or any corresponding Act of another State.