Western Australian Current Acts Western Australian Current Acts (1) A corporation, or
an officer of a corporation, may make a restricted disclosure to any one or
more of the following —
(a) the
DPP or a police officer, if the restricted disclosure relates to —
(i)
information intended to be given to, or that has been
given to, the DPP or a police officer under section 53; or
(ii)
a requirement made by, or response given to, the DPP or a
police officer under section 54; or
(iii)
a production order, examination order, monitoring order
or suspension order for which the DPP applied;
(aa) the
CCC or an authorised CCC officer, if the restricted disclosure relates to
—
(i)
information intended to be given to, or that has been
given to, the CCC or an authorised CCC officer under section 53; or
(ii)
a requirement made by, or response given to, the CCC or
an authorised CCC officer under section 54; or
(iii)
an examination order made by the CCC or a monitoring
order or suspension order for which the CCC applied;
(b) an
officer of the corporation, for the purpose of giving information under
section 53;
(c) an
officer of the corporation, for the purpose of ensuring that a requirement
under section 54 is complied with;
(d) an
officer of the corporation, for the purpose of ensuring that an examination
order, a production order, a monitoring order or a suspension order is
complied with;
(e) a
legal practitioner, for the purpose of obtaining legal advice or
representation in relation to giving information under section 53 or complying
with a requirement under section 54;
(f) a
legal practitioner, for the purpose of obtaining legal advice or
representation in relation to an examination order, a production order, a
monitoring order or a suspension order.
(2) An individual who
is not acting in the capacity of an officer of a corporation or of a legal
practitioner may make a restricted disclosure to any one or more of the
following —
(a) the
DPP or a police officer, if the restricted disclosure relates to —
(i)
information intended to be given to, or that has been
given to, the DPP or a police officer under section 53; or
(ii)
a requirement made by, or response given to, the DPP or a
police officer under section 54; or
(iii)
a production order, examination order, monitoring order
or suspension order for which the DPP applied;
(b) the
CCC or an authorised CCC officer, if the restricted disclosure relates to
—
(i)
information intended to be given to, or that has been
given to, the CCC or an authorised CCC officer under section 53; or
(ii)
a requirement made by, or response given to, the CCC or
an authorised CCC officer under section 54; or
(iii)
an examination order made by the CCC or a monitoring
order or suspension order for which the CCC applied;
(c) a
legal practitioner, but only for the purpose of obtaining legal advice or
representation in relation to an examination order, if the restricted
disclosure is about information intended to be given to or that has been given
to, the DPP, a police officer, the CCC or an authorised CCC officer.
(3) A legal
practitioner to whom a restricted disclosure is made under subsection (1) or
(2) may make a restricted disclosure to a person to whom the disclosure could
have been made under the respective subsection for the purpose of giving legal
advice or representing a person in relation to the matter disclosed.
(4) A person (except a
legal practitioner) to whom a restricted disclosure is made under subsection
(1) or (2) may make a restricted disclosure to a person to whom the disclosure
could have been made under the respective subsection.
(5) However, if a
restricted disclosure about a particular matter may only be made under
subsection (1) or (2) in particular circumstances or for a particular purpose,
then a person must not make a restricted disclosure under subsection (4) about
the matter except in those circumstances or for that purpose.
(6) If a person to
whom a restricted disclosure about a particular matter is made under this
section stops being a person of a kind to whom the disclosure may be made, the
person must not, in any circumstances, make a restricted disclosure about the
matter to anyone.
[Section 71 amended: No. 10 of 2018 s. 58.]