Victorian Current Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 147

    (1)     Within the relevant period specified in subsection (2), the IBAC may apply to the Supreme Court for a determination of—

        (a)     a claim of privilege under this Division;

        (b)     the application of a secrecy requirement under any enactment or other law.

    (2)     An application under subsection (1) must be made—

        (a)     in the case of a document or other thing, within 7 days after the IBAC gives the sealed envelope or the document or other thing secured otherwise than in an envelope to the proper officer under section 146; or

        (b)     within 7 days after the person refused to provide information which is an answer to a question or otherwise required to be provided at an examination on the basis of a claim of privilege or the application of a secrecy requirement under any enactment or other law.

    (3)     If no application is made under subsection (1) in relation to a document or other thing within the period of 7 days, the proper officer of the Supreme Court must return the document or other thing to the claimant.

    (4)     If no application is made under subsection (1) in relation to the provision of information in answer to a question or otherwise required to be provided within the period of 7 days, the requirement to answer the question or provide the information is taken to be withdrawn.

    (5)     The IBAC must give notice of the application to the claimant within a reasonable time before the hearing of the application.

    (6)     Notice under subsection (5) must be in the prescribed form.

    (7)     The claimant is entitled to appear and be heard on the hearing of the application.

S. 148 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)).