Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1987 No. 120 of 1987 - SECT 52

52. After section 7C of the Principal Act the following section is inserted:
Certain evidence before a State Commission inadmissible in Commonwealth
proceedings

"7D. (1) In this section:
'Commissioner' means Gerald Edward Fitzgerald Q.C., in his capacity as the
person making the inquiry;
'Commonwealth proceedings' means proceedings in a court of the Commonwealth,
of a State or of a Territory, whether instituted before or after the
commencement of this section, being:

   (a)  criminal proceedings under a law of the Commonwealth or of a Territory
        (other than the Northern Territory); or

   (b)  civil proceedings instituted by, or on behalf of, the Commonwealth;
'inquiry' means the inquiry being made by Gerald Edward Fitzgerald Q.C. under
the Order in Council that was made under The Commissions of Inquiry Act of
1950 of the State of Queensland and published in the Queensland Government
Gazette, on 26 May 1987, at pages 758A and 758B, being that Order in Council
as amended by:

   (a)  the Order in Council made under that Act and published in the
        Queensland Government Gazette, on 24 June 1987, at pages 1841A and
        1841B; and

   (b)  any other instrument, whether made before or after the commencement of
        this section;
'State law' means subsection 14 (2) of The Commissions of Inquiry Act of 1950
of the State of Queensland.

"(2) Where the State law would not render a statement or disclosure made by a
witness in answer to a question put to the witness by or before the
Commissioner inadmissible against the witness in Commonwealth proceedings, the
statement or disclosure is, by force of this section, inadmissible against the
witness in any such proceedings.".