Queensland Consolidated Acts

AUSTRALIAN CRIME COMMISSION (QUEENSLAND) ACT 2003 - SECT 46

46 Secrecy

(1) This section applies to—

(a) the CEO; and

(b) a member of the Board; and

(c) a member of the staff of the ACC; and

(d) an examiner.

(2) A person to whom this section applies must not, either directly or indirectly, except for the purposes of a relevant Act or otherwise in connection with the performance of his or her functions under a relevant Act, and either while he or she is or after he or she ceases to be a person to whom this section applies—

(a) make a record of any relevant information; or

(b) divulge or communicate to any person any relevant information.

Penalty—

Maximum penalty—75 penalty units or 1 year’s imprisonment.

(3) A person to whom this section applies can not be required to produce in any court a relevant document, or to divulge or communicate to a court a relevant matter or thing, except if the ACC, or the CEO, the acting CEO, a member of the Board or an examiner in his or her official capacity, is a party to the relevant proceeding or it is necessary to do so—

(a) for the purpose of carrying into effect the provisions of a relevant Act; or

(b) for the purposes of a prosecution instituted as a result of an operation or investigation carried out by the ACC in the performance of its functions.

(4) In this section—

"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

"member of the staff of the ACC" means—

(a) a person referred to in the definition
"member of the staff of the ACC" in section 4 (1) of the ACC Act; or

(b) a person who assists, or performs services for or on behalf of, a lawyer appointed under section 7 in the performance of the lawyer’s functions as counsel to the ACC.

"produce" includes permit access to.

"relevant Act" means the ACC Act, this Act or any corresponding Act of another State.

"relevant document" means a document that has come into a person’s custody or control in the course of, or because of, the performance of the person’s functions under this Act.

"relevant information" means information acquired by a person because of, or in the course of, the performance of the person’s functions under this Act.

"relevant matter or thing" means a matter or thing that has come to a person’s notice in the performance of the person’s functions under this Act.