(1) This section applies where a disclosure order under section 21 contains a provision requiring—
(a) the person to whom the disclosure order is addressed; and
(b) every other person who becomes aware of it or of its contents,
to keep confidential the making of the disclosure order, its contents and the things done pursuant to it.
(2) A disclosure order made under section 21 shall not contain a requirement to keep anything secret except where the protected information to which it relates has come, or is likely to come, into possession of an authorised officer by means which it is reasonable, in order to maintain the effectiveness of any investigation or operation or of investigatory techniques generally, or in the interests of safety or well-being of any person, to keep confidential from a particular person.
(3) Any person who makes a disclosure to any other person of anything that he or she is required by a disclosure order under section 21 to keep confidential, commits an offence and is liable, on summary conviction, to a fine not exceeding $5,000 or to a term of imprisonment not exceeding one year.
(4) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that—
(a) the disclosure was effected entirely by the operation of software designed to indicate when a key to protected information has ceased to be secure; and
(b) the person could not reasonably have been expected to take steps, after the disclosure order was issued to him or her or, as the case may be, on becoming aware of it or of its contents, to prevent the disclosure.
(5) Subsections 4(8) to 4(10) shall apply, with necessary modifications, in relation to proceedings for an offence under this section as they apply in relation to proceedings for an offence under that section.
(6) In proceedings against any person for an offence under this section, it shall be a defence for that person to show that the disclosure was confirmed to a disclosure authorised—
(a) by the terms of a disclosure order made under section 21; or
(b) by or on behalf of a person who—
(i) is in lawful possession of the protected information to which it relates, and
(ii) came into the possession of that protected information as mentioned in section 21(1).
(7) In proceedings for an offence under this section against a person other than the person to whom the disclosure order under section 21 was addressed, it shall be a defence for the person against whom the proceedings are brought to show that he or she neither knew nor had reasonable grounds for suspecting that the order contained a requirement to keep confidential what was disclosed.