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Coroners Act 1997
43Power of coroner to subpoena witnesses etc
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43 Power of coroner to subpoena witnesses etc
(1) If a coroner is satisfied that—
(a) a person may be able to give evidence or produce a relevant
document or other thing to the coroner; or
(b) a person who may be able to give evidence before a coroner will
not voluntarily, or does not, appear at a particular time and on a
particular date;
the coroner may issue a subpoena requiring the person to appear
before the coroner at a time and on a date specified in the subpoena—
(c) to give that evidence or produce that document or thing; or
(d) to give that evidence and produce a document or thing in the
possession, custody or control of the person that is mentioned in
the subpoena; or
(e) to produce a document or thing in the possession, custody or
control of the person that is mentioned in the subpoena.
(2) A person is taken to have complied with a subpoena under
subsection (1) (a) if the person delivers the document or thing to the
court before the date specified in the subpoena.
Witnesses Division 5.2
(3) A person cannot rely on the common law privileges against
self-incrimination and exposure to the imposition of a civil penalty to
refuse to produce a document or other thing required under a
subpoena.
Note The Legislation Act, s 171 deals with client legal privilege.
(4) However, any information, document or other thing obtained, directly
or indirectly, because of the production of the document or other
thing, is not admissible in evidence against the person in a civil or
criminal proceeding, other than a proceeding for—
(a) an offence in relation to the falsity or the misleading nature of
the document or thing; or
(b) an offence against the Criminal Code, chapter 7 (Administration
of justice offences).