Western Australian Current Acts Western Australian Current Acts (1) In this section
—
restricted matter means any of the following
—
(a) any
evidence given before the Commission;
(b) the
contents of any statement of information or document, or a description of any
thing, produced to the Commission;
(c) the
contents of any document, or a description of any thing, seized under this Act
or by an authorised officer under the Criminal Property Confiscation Act 2000
;
(d) any
information that might enable a person who has been, or is about to be,
examined before the Commission to be identified or located;
(e) the
fact that any person has been or may be about to be examined before the
Commission.
(2) Subject to
subsections (3) and (4), a restricted matter must not be disclosed.
(3) Unless the
Commission orders otherwise, a restricted matter may be disclosed if that
matter has already been disclosed at a part of an examination that was open to
the public.
(4) A restricted
matter may be disclosed —
(a) in
accordance with a direction of the Commission; or
(b) to a
legal practitioner for the purpose of obtaining legal advice or representation
relating to a notice, summons or matter; or
(c) to a
person for the purpose of obtaining legal aid relating to a notice, summons or
matter; or
(d) to
an officer or agent of a body corporate by the body corporate or another
officer or agent of the body corporate for the purpose of ensuring compliance
with a notice or summons; or
(e) by a
legal practitioner for the purpose of complying with a legal duty of
disclosure arising from his or her professional relationship with a client; or
(f) by a
legal practitioner referred to in paragraph (b) for the purpose of giving
legal advice, making representations, or obtaining legal aid, relating to the
notice, summons or matter; or
(g) by a
person referred to in paragraph (c) for the purpose of obtaining legal aid
relating to the notice, summons or matter; or
(h) if
that disclosure is otherwise authorised or required under this Act.
(5) This section does
not apply to —
(a) the
Commission or a relevant person as defined in section 152(1); or
(b) a
relevant person as defined in section 208(1),
in relation to a
restricted matter that is official information under section 152 or 208, as
the case may be.
(6) This section does
not apply to —
(a) an
authority or person referred to in section 153 or 209; or
(b) any
person or employee under the control of an authority or person referred to in
section 153 or 209,
in relation to a
restricted matter that is information to which section 153 or 209, as the case
may be, applies.
(7) If a restricted
matter is disclosed contrary to this section, any person who so discloses the
matter, or causes the matter to be so disclosed, commits an offence.
Penalty: Imprisonment for 3 years and a fine of
$60 000.
[Section 151, formerly section 18, amended: No. 78
of 2003 s. 35(13); renumbered as section 151: No. 78 of 2003 s. 35(1); No. 10
of 2018 s. 17.]