Page:Organised Crime Act 2015.pdf/52

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ORGANISED CRIME
53


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

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

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