Queensland Consolidated Acts

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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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