35ALeave of Supreme Court to take evidence from accused person about the offence

#### 35A Leave of Supreme Court to take evidence from accused person about the offence 35A Leave of Supreme Court to take evidence from accused person about the offence > > (1) This section applies to a person who is the subject of a current charge for an offence, and relates to the taking of evidence from the person in relation to the subject matter of the offence. > > > (2) The person cannot be— > > > > > (a) questioned under section 24 at a hearing before the Commission, or > > > > > (b) required under section 24 or 29 to produce a document or thing, > > > > in relation to matters relating to the subject matter of the offence without the leave of the Supreme Court. > > > (3) Evidence obtained pursuant to leave granted for the purposes of this section cannot be used against the person in any civil or criminal proceeding (other than a proceeding for an offence against this Act or an offence relating to the falsity of evidence given by the witness) or in any disciplinary proceeding, but is not inadmissible as against other persons. > > > > Note— > > > > See section 39A (3) and (4) for derivative evidence. > > > (4) The Commission may apply to the Supreme Court ex parte for leave supported by an affidavit of an officer of the Commission stating— > > > > > (a) that the officer— > > > > > > > (i) believes that the questioning or requirement is in the public interest notwithstanding that the questioning or requirement relates or may relate to the subject matter of the offence, and > > > > > > > (ii) suspects that the questioning or requirement is necessary to fully investigate the matter referred to in the copy of a notice accompanying a summons issued to the person, and > > > > > (b) the grounds on which the belief and suspicion are based. > > > (5) The Supreme Court may grant leave if it is satisfied that any prejudicial effect that is likely to arise to the person’s trial from the proposed questioning or requirement is outweighed by the public interest in using the Commission’s powers to ensure that a matter referred to in the copy of a notice accompanying a summons issued to the person is fully investigated. > > > (6) Leave may be granted unconditionally or subject to conditions imposed by the Supreme Court. > > > (7) If leave is granted, the Commission must, before the person is questioned in relation to matters the subject of the grant of leave, serve on the person notice of the grant of leave. > > > (8) The notice must inform the person of any right under another law to seek a review of the grant of leave and of the right to make an application for assistance under section 42. > > > (9) Nothing in this section limits the application to an application for leave of any of the functions and procedures of the Supreme Court in relation to proceedings that may be dealt with ex parte before that Court. > > **pt 2, div 6A (s 35A):** Ins 2014 No 82, Sch 1 \[6\].