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CRIME AND CORRUPTION ACT 2001 - SECT 195B
Supreme Court to decide claim of privilege
195B Supreme Court to decide claim of privilege
(1) This section applies if a person makes a claim of privilege under
section 74A in relation to a document or thing.
(2) The chairperson or the
person making the claim of privilege may apply to a Supreme Court judge to
decide whether the claim is established and, if established, whether it is to
be upheld.
(3) The burden of proof on the application is on the person who
seeks to withhold the document or thing or to prevent the exercise of
authority.
(4) The judge must consider submissions and decide whether the
claim is established.
(5) If the judge decides that the claim is established
on a ground of public interest immunity, the judge may order the person to
produce the document or thing to the commission if the judge decides that, on
balance, the public interest is better served by producing the document or
thing.
(6) If the judge decides that the claim is established on a ground of
confidentiality, the judge must order the person to produce the document or
thing to the commission unless the judge decides that to produce the document
or thing would be against the public interest.
(7) If the judge decides that
the claim of self-incrimination privilege is established, the judge must order
the person to produce the document or thing to the commission.
(8) Costs of
an application made in relation to a claim of privilege are to be borne by the
commission, unless otherwise ordered by the judge on the ground that the claim
is frivolous or vexatious.
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