87Protection against self-incrimination in relation to interlocutory matters

87 Protection against self-incrimination in relation to interlocutory matters

87 Protection against self-incrimination in relation to interlocutory matters

(cf Act No 25 1995, sections 128 and 133)

(1) In this section—

civil penalty has the same meaning as it has in the Evidence Act 1995.

conduct includes both act and omission.

culpable conduct means conduct that, under—

(a) the laws of New South Wales, or

(b) the laws of any other State or Territory, or

(c) the laws of the Commonwealth, or

(d) the laws of a foreign country,

constitutes an offence or renders a person liable to a civil penalty.

order for production means an interlocutory order requiring a person (other than a body corporate) to provide evidence to the court or to a party to a proceeding before the court.

provide evidence means—

(a) to provide an answer to a question or to produce a document or thing, or

(b) to swear an affidavit, or

(c) to file and serve an affidavit or a witness statement, or

(d) to permit possession to be taken of a document or thing.

(2) This section applies in circumstances in which—

(a) an application is made for, or the court makes, an order for production against a person, and

(b) the person objects to the making of such an order, or applies for the revocation of such an order, on the ground that the evidence required by the order may tend to prove that the person has engaged in culpable conduct.

(2A) This section does not apply in circumstances in which section 128A of the Evidence Act 1995 applies.

(3) If the court finds that there are reasonable grounds for the objection or application referred to in subsection (2) (b), the court is to inform the person, or the person’s legal representative—

(a) that the person need not provide the evidence, and