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Crime and Corruption Act 2001
sec.206Application of Criminal Code
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### sec.206 Application of Criminal Code
The Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to commission hearings under this Act.
Without limiting subsection (1) , for applying the identified provisions to a commission hearing—
the hearing is a judicial proceeding; and
the presiding officer conducting the hearing is the holder of a judicial office; and
a reference to judicial capacity is a reference to capacity as a presiding officer conducting a hearing; and
a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and
a reference to a witness is a reference to a person from whom the presiding officer conducting the hearing may obtain information; and
a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and
a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and
a reference to a tribunal is a reference to the presiding officer conducting the hearing.
(sec.206-ssec.1) The Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to commission hearings under this Act.
(sec.206-ssec.2) Without limiting subsection (1) , for applying the identified provisions to a commission hearing— the hearing is a judicial proceeding; and the presiding officer conducting the hearing is the holder of a judicial office; and a reference to judicial capacity is a reference to capacity as a presiding officer conducting a hearing; and a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and a reference to a witness is a reference to a person from whom the presiding officer conducting the hearing may obtain information; and a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and a reference to a tribunal is a reference to the presiding officer conducting the hearing.
- (a) the hearing is a judicial proceeding; and
- (b) the presiding officer conducting the hearing is the holder of a judicial office; and
- (c) a reference to judicial capacity is a reference to capacity as a presiding officer conducting a hearing; and
- (d) a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and
- (e) a reference to a witness is a reference to a person from whom the presiding officer conducting the hearing may obtain information; and
- (f) a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and
- (g) a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and
- (h) a reference to a tribunal is a reference to the presiding officer conducting the hearing.