Section 85ZW — Crimes Act 1914: Effect of right of non-disclosure

Subject to Division 6, but despite any other Commonwealth law, or any State law or Territory law, where, under section 85ZV, it is lawful for a person not to disclose, in particular circumstances, or for a particular purpose, the fact that he or she was charged with, or convicted of, an offence: (a) it is lawful for the person to claim, in those circumstances, or for that purpose, on oath or otherwise, that he or she was not charged with, or convicted of, the offence; and (b) anyone else who knows, or could reasonably be expected to know, that section 85ZV applies to the person in relation to the offence shall not: (i) without the person’s consent, disclose the fact that the person was charged with, or convicted of, the offence to any other person, or to a Commonwealth authority or State authority, where it is lawful for the first-mentioned person not to disclose it to that other person or that authority; or (ii) in those circumstances, or for that purpose, take account of the fact that the person was charged with, or convicted of, the offence.