(1) A person is guilty of an offence if:
- (a)
- the person is given a *
production order; and
- (b)
- the order specifies that information about the order must not be
disclosed; and
- (c)
- the person discloses the existence or nature of the order to another
person.
Maximum penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2)
A person is guilty of an offence if:
- (a)
- the person is given a *
production order; and
- (b)
- the order specifies that information about the order must not be
disclosed; and
- (c)
- the person discloses information to another person; and
- (d)
- that other person could infer the existence or nature of the order from
that information.
Maximum penalty: Imprisonment for 2 years or 120 penalty units, or both.
(3)
Subsections (1) and (2) do not apply if:
- (a)
- the person discloses the
information to an employee, * agent or other person in order to obtain a
document that is required by the order in order to comply with it, and that
other person is directed not to inform the person to whom the document relates
about the matter; or
- (b)
- the disclosure is made to obtain legal advice or legal representation in
relation to the order; or
- (c)
- the disclosure is made for the purposes of, or in the course of, legal
proceedings.
- Note: A defendant bears an evidential burden in relation to the matters in
subsection (3): see subsection 13.3(3) of the Criminal Code .