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CRIME AND CORRUPTION ACT 2001 - SECT 331
Effect of pending proceedings
331 Effect of pending proceedings
(1) The commission may do any or all of the following, despite any proceeding
that may be in or before a court, tribunal, warden, coroner, magistrate,
justice or other person— (a) commence, continue, discontinue or complete an
investigation or hearing or any part or aspect of the investigation or
hearing;
(b) give a report in relation to the investigation or hearing or any
part or aspect of the investigation or hearing;
(c) an act or thing that is
necessary or expedient for a purpose mentioned in paragraph (a) or (b) .
(2)
If the proceeding is a proceeding for an indictable offence and is conducted
by or for the State, the commission must, if failure to do so might prejudice
the accused’s right to a fair trial, do 1 or more of the following— (a)
conduct any hearing relating to an investigation as a closed hearing during
the currency of the proceeding;
(b) give a direction under section 202 to
have effect during the currency of the proceeding;
(c) make an order under
section 180 (3) .
(3) This section has effect whether or not the proceeding
commenced before or after the commission’s investigation started and has
effect whether or not the commission or a commission officer is a party to the
proceeding.
(4) To remove any doubt, it is declared that— (a) a proceeding
for a criminal offence is in or before a court from the moment the charge is
laid for the offence; and
(b) under subsection (1) , the commission may, for
the investigation or hearing, require a person or witness to answer a
question, or produce a document or thing, that is relevant to a proceeding
brought against the person or witness for a criminal offence. Example for
paragraph (b)— The commission may require a person to attend a commission
hearing to answer a question about a matter relating to a criminal offence for
which the person has been charged.
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