South Australian Current Acts South Australian Current Acts21—Disclosure of summons or notice may be prohibited
(1) The examiner
issuing a summons under section 19 or a notice under section 20
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
examiner 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 operation or investigation;
(b) the
examiner 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 operation or investigation;
(c) the
examiner 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 22 on the person who was served with, or otherwise given, the
summons or notice.
(4) If, after the ACC
has concluded the operation or investigation concerned—
(a) no
evidence of an offence has been obtained as described in section 34(1);
or
(b)
evidence of an offence or offences has been assembled and given as required by
section 34(1) and the CEO 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 34(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 34(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 CEO has been advised that no other of those persons will
be prosecuted,
all the notations that were included under this section in any summonses or
notices relating to the operation or investigation are cancelled by this
subsection.
(5) If a notation is
cancelled by subsection (4), the CEO 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) In this
section—
"official matter" has the same meaning as in section 22.