Comparison View

Formal Consolidation |  2020 RevEd
Tipping-off
57.—(1)  Any person who —
(a)knows or has reasonable grounds to suspect that an authorised officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act or any subsidiary legislation made under this Act; and
(b)discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 3 years or to both.
[51/2018]
(2)  Any person who —
(a)knows or has reasonable grounds to suspect that a disclosure has been or is being made to an authorised officer under this Act (called in this section the disclosure); and
(b)discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 3 years or to both.
[4/2010; 51/2018]
(3)  Nothing in subsection (1) or (2) makes it an offence for an advocate and solicitor or his or her employee to disclose any information or other matter —
(a)to, or to a representative of, a client of his or her in connection with the giving of advice to the client in the course of and for the purpose of the professional employment, of the advocate and solicitor; or
(b)to any person —
(i)in contemplation of, or in connection with, legal proceedings; and
(ii)for the purpose of those proceedings.
(4)  Nothing in subsection (1) or (2) makes it an offence for a legal counsel acting as such for his or her employer, or a person who works under the supervision of the legal counsel, to disclose any information or other matter —
(a)to the employer in connection with the giving of legal advice to the employer, or to any employee or officer of the employer, in the course of and for the purpose of the employment of the legal counsel as such; or
(b)to any person —
(i)in contemplation of, or in connection with, legal proceedings concerning the employer; and
(ii)for the purposes of those proceedings.
[21/2014]
(5)  Subsections (3) and (4) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.
[21/2014]
(6)  In proceedings against a person for an offence under subsection (1) or (2), it is a defence to prove that the person did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way mentioned in subsection (1) or (2).
(7)  No authorised officer or other person shall be guilty of an offence under this section in respect of anything done by the authorised officer or person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other written law relating to drug dealing or criminal conduct.
[48
[21/2014]
Informal Consolidation | Amended S 639/2023
Tipping-off
57.—(1)  Any person who —
(a)knows or has reasonable grounds to suspect that an authorised officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act or any subsidiary legislation made under this Act; and
(b)discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 3 years or to both.
[51/2018]
(2)  Any person who —
(a)knows or has reasonable grounds to suspect that a disclosure has been or is being made to an authorised officer under this Act (called in this section the disclosure); and
(b)discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 3 years or to both.
[4/2010; 51/2018]
(3)  Nothing in subsection (1) or (2) makes it an offence for an advocate and solicitor or his or her employee to disclose any information or other matter —
(a)to, or to a representative of, a client of his or her in connection with the giving of advice to the client in the course of and for the purpose of the professional employment, of the advocate and solicitor; or
(b)to any person —
(i)in contemplation of, or in connection with, legal proceedings; and
(ii)for the purpose of those proceedings.
(4)  Nothing in subsection (1) or (2) makes it an offence for a legal counsel acting as such for his or her employer, or a person who works under the supervision of the legal counsel, to disclose any information or other matter —
(a)to the employer in connection with the giving of legal advice to the employer, or to any employee or officer of the employer, in the course of and for the purpose of the employment of the legal counsel as such; or
(b)to any person —
(i)in contemplation of, or in connection with, legal proceedings concerning the employer; and
(ii)for the purposes of those proceedings.
[21/2014]
(5)  Subsections (3) and (4) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.
[21/2014]
(6)  In proceedings against a person for an offence under subsection (1) or (2), it is a defence to prove that the person did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way mentioned in subsection (1) or (2).
(7)  No authorised officer or other person shall be guilty of an offence under this section in respect of anything done by the authorised officer or person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other written law relating to drug dealing or criminal conduct.
[48
[21/2014]