Queensland Consolidated Acts
[Search this Act]
CRIMINAL CODE 1899 - SECT 590F
Subject matter for disclosure obligation direction
590F Subject matter for disclosure obligation direction
(1) A disclosure obligation direction may provide for any of the following—
(a) whether a party to a proceeding has a disclosure obligation in relation to
another party to the proceeding;
(b) requiring that a particular thing must
(c) allowing the court to inspect a particular thing to decide
whether the court should further direct that a party has a disclosure
obligation in relation to the thing;
(d) allowing the court to examine the
arresting officer to decide whether the prosecution has a disclosure
obligation in relation to a particular thing;
(e) requiring that the
arresting officer file an affidavit to allow the court to decide whether the
prosecution has a disclosure obligation in relation to a particular thing;
(f) allowing the accused person or a lawyer acting for the accused person to
cross-examine the arresting officer on an affidavit mentioned in
paragraph (e) to allow the court to decide whether the prosecution has a
disclosure obligation in relation to a particular thing;
(g) how a disclosure
obligation is to be complied with in a particular case;
(h) setting a
timetable for compliance with a disclosure obligation.
(2) Subsection (1)
does not limit section 590AA (2) (ba) .
(3) The court may make a disclosure
obligation direction on the conditions, whether about the circumstances of
disclosure or otherwise, it considers appropriate.
(4) If a date is set for
the commencement of the hearing of evidence in the proceeding, any examination
or cross-examination allowed for in a disclosure obligation direction must be
conducted before that date.
(5) If a person is examined by the court as
provided for in subsection (1) (d) , required to file an affidavit as
provided for in subsection (1) (e) or cross-examined as provided for in
subsection (1) (f) , the person is not excused from failing to answer a
question or file an affidavit on the ground that the answer or affidavit might
tend to incriminate the person because the person would be required to admit
to a failure to comply with a disclosure obligation.
(6) However, the answer
or affidavit is not admissible against the person in a criminal proceeding,
other than a perjury proceeding in relation to the answer or affidavit.
In this section—
"perjury proceeding" , in relation to an answer or affidavit, means a
proceeding in which the falsity or misleading nature of the answer or
affidavit is relevant.
AustLII: Copyright Policy