Non-disclosure of information and identity of informer
Open ↗42.—(1) Except as provided in subsection (3) —(a)
no information provided by an informer for an offence punishable under this Act is to be admitted in evidence in any civil or criminal proceedings; and
(b)
no witness in any civil or criminal proceedings is obliged —(i)
to disclose the name and address of any informer who has given information with respect to an offence punishable under this Act; or
(ii)
to answer any question if the answer to that question would lead, or would tend to lead, to the discovery of the name or address of the informer.
(2) If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the informer’s discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.
(3) If —(a)
in any proceedings before a court for an offence punishable under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or
(b)
in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer,
the court may permit inquiry and require full disclosure concerning the informer.
Disclosure of information by informer
Open ↗43. A person who provides information to a law enforcement officer for an offence punishable under this Act does not breach —(a)
any obligation of confidence; or
(b)
any other restriction however imposed (other than a restriction imposed under any written law) on the provision of information.
Tipping-off
Open ↗44.—(1) Any person —(a)
who knows or has reasonable grounds to suspect that a law enforcement 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; and
(b)
who 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 $30,000 or to imprisonment for a term not exceeding 3 years or to both.
(2) Nothing in subsection (1) 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 hers 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 concerning the client; and
(ii)
for the purpose of those proceedings.
(3) Nothing in subsection (1) makes it an offence for a legal counsel in an entity or a person acting under his or her supervision to disclose any information or other matter —(a)
to the entity in connection with the giving of advice to the entity, or any officer or employee of the entity, in the course of and for the purpose of his or her employment as such legal counsel; or
(b)
to any person —(i)
in contemplation of, or in connection with, legal proceedings concerning the employer; and
(ii)
for the purpose of those proceedings.
(4) Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, subsection (3) applies in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations.
(5) Where a legal counsel is employed by a public agency and is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (3) applies in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second‑mentioned public agency or agencies.
(6) Subsections (2) and (3) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.
(7) In proceedings against a person for an offence under subsection (1), 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 described in subsection (1).
(8) A person is not guilty of an offence under this section in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or other penal legislation.
(9) In this section —“investigation” includes an application for an examination order under section 73, or an application under section 36, 37, 40 or 49 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 as applied by section 72;
“legal counsel” has the meaning given by section 3(7) of the Evidence Act 1893;
“public agency” has the meaning given by section 128A(6) of the Evidence Act 1893.
