Western Australian Current Acts

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CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 153

153 .         Disclosure by other officials

        (1)         In this section —

        court includes a tribunal, authority or person having power to require the production of documents or the answering of questions;

        produce includes permit access to.

        (2)         This section applies to information if, in circumstances referred to in section 152(4), it is disclosed to an authority or person for use in connection with the performance of a function of the authority or person under a written law.

        (3)         The authority or person, or any person or employee under the control of the authority or person —

            (a)         must not, either directly or indirectly —

                  (i)         make a record of information to which this section applies; or

                  (ii)         disclose any information to which this section applies,

                except for the purpose for which it was disclosed to the authority or person; and

            (b)         cannot be required to produce or disclose the information in or to any court except for the purposes of a prosecution or disciplinary action instituted as a result of an investigation conducted by the Commission or the Parliamentary Inspector under this Act.

        Penalty, for a contravention of paragraph (a): Imprisonment for 3 years and a fine of $60 000.

        (4)         Subsection (3) does not prevent the disclosure of the fact that an allegation has been received or initiated by the Commission or the details of an allegation.

        [Section 153, formerly section 20, amended: No. 78 of 2003 s. 35(13); renumbered as section 153: No. 78 of 2003 s. 35(1).]



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