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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 88

Ombudsman to be given information and access notwithstanding other laws

  (1)   Notwithstanding any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required by or under this Part, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty, but:

  (a)   the information, the answer, or the fact that the person has given access to the document, as the case may be; and

  (b)   any information or thing (including a document) obtained as a direct or indirect consequence of giving the first - mentioned information, answering the question or giving access to the first - mentioned document, as the case may be;

is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section   107.

  (2)   Nothing in section   63 or any other law prevents an officer of an agency from:

  (a)   giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or

  (b)   giving to an inspecting officer access to a record of the agency;

for the purposes of an inspection under this Part of the agency's records.

  (3)   Nothing in section   63 or any other law prevents an officer of an agency from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection   (2).


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