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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.
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