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CRIME AND CORRUPTION ACT 2001 - SECT 197
Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion
197 Restriction on use of privileged answers, documents, things or statements
disclosed or produced under compulsion
(1) This section applies if— (a) before an individual answers a question put
to the individual by the commission or a commission officer or produces a
document or thing or a written statement of information to the commission or a
commission officer, the individual claims self-incrimination privilege in
relation to the answer or production; and
(b) apart from this Act, the
individual would not be required to answer the question or produce the
document, thing or statement in a proceeding if the individual claimed
self-incrimination privilege in relation to the answer or production; and
(c)
the individual is required to answer the question or produce the document,
thing or statement.
(2) The answer, document, thing or statement given or
produced is not admissible in evidence against the individual in any civil,
criminal or administrative proceeding.
(3) However, the answer, document,
thing or statement is admissible in a civil, criminal or administrative
proceeding— (a) with the individual’s consent; or
(b) if the proceeding
is about— (i) the falsity or misleading nature of an answer, document, thing
or statement mentioned in subsection (1) and given or produced by the
individual; or
(ii) an offence against this Act; or
(iii) a contempt of a
person conducting the hearing; or
(c) if the proceeding is a proceeding,
other than a proceeding for the prosecution of an offence, under the
Confiscation Act and the answer, document, thing or statement is admissible
under section 265 of that Act.
(4) Also, the document is admissible in a
civil proceeding about a right or liability conferred or imposed by the
document.
(5) In a commission hearing, the presiding officer may order that
all answers or a class of answer given by an individual or that all documents
or things or a class of document or thing produced by an individual is to be
regarded as having been given or produced on objection by the individual.
(6)
If the presiding officer makes an order under subsection (5) , the individual
is taken to have objected to the giving of each answer, or to the producing of
each document or thing, the subject of the order.
(7) Subsection (2) does not
prevent any information, document or other thing obtained as a direct or
indirect consequence of the individual giving or producing the answer,
document, thing or statement from being admissible in evidence against the
individual in a civil, criminal or administrative proceeding.
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