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CRIME AND CORRUPTION ACT 2001 - SECT 85
Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge
85 Notices requiring immediate attendance may be issued only by or with the
approval of a Supreme Court judge
(1) The chairperson may issue an attendance notice requiring a person to
attend immediately at a commission hearing at a stated place only with the
approval of a Supreme Court judge.
(1A) If the attendance notice is to be
issued in the context of a witness protection function hearing, the
chairperson must give the judge a certificate stating that the notice relates
to a witness protection function hearing.
(2) The judge may approve the issue
of the attendance notice only if the judge is satisfied, on reasonable
grounds, that— (a) for a notice issued in the context of a crime
investigation or corruption investigation, delay in attendance might result
in— (i) the commission of an offence; or
(ii) an offender or suspected
offender absconding; or
(iii) the loss or destruction of evidence; or
(iv)
serious prejudice to the conduct of an investigation being conducted by the
commission; or
(b) for a notice issued in the context of a witness protection
function hearing, delay in attendance and resolution of the reasonable excuse
or claim of privilege the subject of the hearing might 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;
or
(c) for a notice issued in the context of an intelligence function hearing
under an authorisation under section 55A , delay in attendance might result in
the loss of an opportunity to obtain timely intelligence— (i) in advance of
a significant event; or
(ii) that may help prevent a risk to public safety.
Note— An attendance notice issued under section 82 (6) that requires the
immediate attendance of someone at a commission hearing does not require the
court’s approval under this section.
(3) Subsection (3A) applies to an
attendance notice issued in the context of a crime investigation or corruption
investigation or the performance of the intelligence function under an
authorisation under section 55A .
(3A) The notice need not state the general
nature of the matters about which the person may be questioned if the
chairperson is satisfied that, in the particular circumstances of the
investigation or the performance of the function, stating the matters would
prejudice the effectiveness of the investigation or the performance of the
function.
(4) For an attendance notice to be issued in the context of a
witness protection function hearing, nothing in this section requires the
chairperson to give the judge— (a) information about the identity or former
identity of a protected person; or
(b) details about the protection given to
a protected person or the reasons for the protection; or
(c) information
about the identity of any person if the information would 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) A certificate mentioned in subsection (1A) is evidence of the matters
stated in it.
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