Australian Capital Territory Current Acts

JUDICIAL COMMISSIONS ACT 1994 - SECT 32

    (1)     This section applies if a person is required under this part to—

        (a)     produce a document or other thing; or

        (b)     answer a question.

    (2)     The person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to produce the document or other thing or answer the question.

Note     The Legislation Act

, s 171 deals with client legal privilege.

    (3)     However, any information, document or other thing obtained, directly or indirectly, because of the producing of the document or other thing, or the answering of the question, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for—

        (a)     an offence in relation to the falsity or the misleading nature of the answer, document or information; or

        (b)     an offence against the Criminal Code

, chapter 7 (Administration of justice offences).

Note     A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act

, s 196 and dict, pt 1, def entity ).