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CRIME AND CORRUPTION ACT 2001 - SECT 196
Supreme Court to decide claim of privilege
196 Supreme Court to decide claim of privilege
(1) This section applies if a person makes a claim of privilege under
section 73 , 75 , 94 or 111 in relation to information or a document or thing
or under section 192 in relation to a refusal to answer a question.
(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 information, 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 give the information or produce the document or thing
to the commission if the judge decides that, on balance, the public interest
is better served by giving the information or 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 give the information or
produce the document or thing to the commission unless the judge decides that
to give the information or produce the document or thing would be against the
public interest.
(7) 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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