Queensland Consolidated Acts

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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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