Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 85ZW

Effect of right of non - disclosure

    Subject to Division   6, but despite any other Commonwealth law, or any State law or Territory law, where, under section   85ZV, it is lawful for a person not to disclose, in particular circumstances, or for a particular purpose, the fact that he or she was charged with, or convicted of, an offence:

  (a)   it is lawful for the person to claim, in those circumstances, or for that purpose, on oath or otherwise, that he or she was not charged with, or convicted of, the offence; and

  (b)   anyone else who knows, or could reasonably be expected to know, that section   85ZV applies to the person in relation to the offence shall not:

  (i)   without the person's consent, disclose the fact that the person was charged with, or convicted of, the offence to any other person, or to a Commonwealth authority or State authority, where it is lawful for the first - mentioned person not to disclose it to that other person or that authority; or

  (ii)   in those circumstances, or for that purpose, take account of the fact that the person was charged with, or convicted of, the offence.


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