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CRIME AND CORRUPTION ACT 2001 - SECT 74
Notice to produce for crime investigation, specific intelligence operation (crime) or witness protection function
74 Notice to produce for crime investigation, specific intelligence operation
(crime) or witness protection function
(1) This section applies only for the following— (a) a crime investigation;
(b) a specific intelligence operation (crime);
(c) the witness protection
function.
(2) The chairperson may, by notice (
"notice to produce" ) given to a person, require the person, within the
reasonable time and in the way stated in the notice, to give an identified
commission officer a stated document or thing that the chairperson believes,
on reasonable grounds, is relevant to a crime investigation, a specific
intelligence operation (crime) or the witness protection function.
(2A) The
notice to produce must state that it relates to— (a) a crime investigation;
or
(b) a specific intelligence operation (crime); or
(c) without specifying
which, a crime investigation or the witness protection function.
(3) If the
notice to produce is given in the context of a crime investigation or specific
intelligence operation (crime), the notice may be given whether or not the
commission is conducting a hearing for the investigation or operation.
(3A)
If the notice to produce is given in the context of the witness protection
function, the notice may be given only if the chairperson considers it is
necessary to protect— (a) the security of a protected person; or
(b) the
integrity of the witness protection program or other witness protection
activities of the commission.
(4) The notice to produce may require the
immediate production of a document or thing to a stated commission officer if
the chairperson believes, on reasonable grounds, that— (a) for a notice
given in the context of a crime investigation, delay in the production of the
document may result in— (i) its destruction, removal or concealment; or
(ii) serious prejudice to the conduct of the investigation; or
(b) for a
notice given in the context of a specific intelligence operation (crime),
delay in the production of the document may result in— (i) its destruction,
removal or concealment; or
(ii) serious prejudice to the conduct of the
operation; or
(iii) the loss of an opportunity to obtain timely
intelligence— (A) in advance of a significant event; or
(B) that may help
prevent a risk to public safety; or
(c) for a notice given in the context of
the witness protection function, delay in the production of the document may
threaten— (i) the security of a protected person; or
(ii) the integrity of
the witness protection program or other witness protection activities of the
commission.
(5) The person must comply with the notice to produce, unless the
person has a reasonable excuse. Penalty— Maximum penalty—85 penalty
units or 1 year’s imprisonment.
(6) A person does not, by complying with
the notice to produce in relation to the document or thing— (a) contravene a
provision of an Act or a law imposing a statutory or commercial obligation or
restriction to maintain secrecy in relation to the document or thing; or
(b)
incur any civil liability in relation to the document or thing.
(7) A person
who fails to comply with a notice does not commit an offence if the document
or thing is subject to privilege. Note— If a claim of privilege is made,
the commission officer is required to consider the claim under section 77 and,
if the requirement is not withdrawn, the person may be required to attend at a
commission hearing to establish the claim.
(8) A document or thing produced
under this section is taken to have been seized under a warrant under part 2 .
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