sec.111General power to seize evidence—corruption investigation

### sec.111 General power to seize evidence—corruption investigation This section applies if a commission officer conducting a corruption investigation who lawfully enters a place under a search warrant— finds at the place a thing the officer reasonably suspects is admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and reasonably believes that it is necessary to seize the thing— to prevent its loss, destruction, mutilation or concealment; or to prevent its use for committing an offence of a kind mentioned in paragraph (a) . The officer may seize the thing. However, if a person who is entitled to claim the privilege claims the document or thing is subject to privilege, the authorised commission officer must consider the claim and may— decide to withdraw the requirement in relation to which the claim is made; or decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW . If a claim of privilege is made and the commission officer decides not to withdraw the requirement, chapter 4A , part 4 , division 3 applies. In this section— privilege does not include privilege on the ground of confidentiality or self-incrimination privilege. s 111 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 94 (1) sch 1 ; 2024 No. 41 s 19 (sec.111-ssec.1) This section applies if a commission officer conducting a corruption investigation who lawfully enters a place under a search warrant— finds at the place a thing the officer reasonably suspects is admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and reasonably believes that it is necessary to seize the thing— to prevent its loss, destruction, mutilation or concealment; or to prevent its use for committing an offence of a kind mentioned in paragraph (a) . (sec.111-ssec.2) The officer may seize the thing. (sec.111-ssec.3) However, if a person who is entitled to claim the privilege claims the document or thing is subject to privilege, the authorised commission officer must consider the claim and may— decide to withdraw the requirement in relation to which the claim is made; or decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW . (sec.111-ssec.4) If a claim of privilege is made and the commission officer decides not to withdraw the requirement, chapter 4A , part 4 , division 3 applies. (sec.111-ssec.5) In this section— privilege does not include privilege on the ground of confidentiality or self-incrimination privilege. - (a) finds at the place a thing the officer reasonably suspects is admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and - (b) reasonably believes that it is necessary to seize the thing— (i) to prevent its loss, destruction, mutilation or concealment; or (ii) to prevent its use for committing an offence of a kind mentioned in paragraph (a) . - (i) to prevent its loss, destruction, mutilation or concealment; or - (ii) to prevent its use for committing an offence of a kind mentioned in paragraph (a) . - (i) to prevent its loss, destruction, mutilation or concealment; or - (ii) to prevent its use for committing an offence of a kind mentioned in paragraph (a) . - (a) decide to withdraw the requirement in relation to which the claim is made; or - (b) decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW .