Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIME AND CORRUPTION ACT 2001 - SECT 81

Procedure for documents subject to claim of privilege

81 Procedure for documents subject to claim of privilege

(1) If—
(a) the claim is made in relation to a document or thing the person is required to give or produce to the commission; and
(b) the document or thing is in the person’s possession or the person acknowledges that the document or thing is in the person’s possession; and
(c) the commission officer does not withdraw the requirement;
the commission officer must require the person to immediately seal the document or thing and give it to the commission officer for safe keeping.
(2) The person must immediately seal the document or thing (the
"sealed evidence" ) under the supervision of the commission’s representative.
Penalty—
Maximum penalty—85 penalty units or 1 year’s imprisonment.
(3) The person and the commission’s representative must immediately deliver the sealed evidence to a registrar of the Supreme Court to be held in safe custody.
Penalty—
Maximum penalty—85 penalty units or 1 year’s imprisonment.
(4) The registrar must keep the sealed evidence in safe custody until—
(a) application is made to a Supreme Court judge to decide the claim of privilege; or
(b) the end of 3 court days after the day on which the document or thing is given to the registrar, if an application has not been made under paragraph (a) ; or
(c) the registrar is told by the person and commission representative that agreement has been reached on the disposal of the sealed evidence.
(5) The registrar must—
(a) if an application is made to a Supreme Court judge to decide the claim of privilege—dispose of the sealed evidence in the way ordered by the judge; or
(b) if an application is not made by the end of 3 court days after the day on which the document or thing is given to the registrar—return the sealed evidence to the person; or
(c) if the person and commission representative give the registrar notice that an agreement on the disposal of the sealed evidence has been reached—dispose of the sealed evidence in the way agreed.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback