s.42Disclosure of information, etc.
42
Section 42Part 7 — Terrorist Investigations

Disclosure of information, etc.

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Subsection (2) applies where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation.
The person commits an offence if he —
discloses to another anything which is likely to prejudice the investigation, or
interferes with material which is likely to be relevant to the investigation.
Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under sections 3 to 16 and 19 to 22.
The person commits an offence if he —
discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section; or
interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section.
It is a defence for a person charged with an offence under subsection (2) or (4) to prove that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation.
Subsections (2) and (4) do not apply to a disclosure which is made by a professional legal adviser —
to his client or to his client's representative in connection with the provision of legal advice by the adviser to the client and not with a view to furthering a criminal purpose; or
to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose.
A person who commits an offence under this section is liable —
on summary conviction, to a fine of four thousand dollars and to imprisonment for six months; and
on conviction on indictment, to a fine and to imprisonment for five years.
In this section —
a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation; and
a person interferes with material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things.

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