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NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 41

Offence to disclose information before Attorney - General gives criminal witness exclusion certificate etc. under section 28

    A person commits an offence if:

  (a)   the person is the prosecutor, the defendant or the defendant's legal representative in a federal criminal proceeding; and

  (b)   the person notifies the Attorney - General under subsection   24(1) that he or she knows or believes that a person (the second person ) whom he or she intends to call as a witness in a federal criminal proceeding will disclose information by the second person's mere presence; and

  (c)   after giving the notice, the person calls the second person as a witness in the proceeding at any time before the Attorney - General gives the person a certificate under subsection   28(2) or advice under subsection   28(10) in relation to the calling of the second person as a witness; and

  (d)   the disclosure of the information by the mere presence of the second person is likely to prejudice national security.

Penalty:   Imprisonment for 2 years.


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