39Privilege concerning answers and documents

#### 39 Privilege concerning answers and documents 39 Privilege concerning answers and documents > > (1) A witness summoned to attend or appearing before the Commission at a hearing is not (except as provided by section 40) excused from answering any question or producing any document or thing on the ground that the answer or production may incriminate or tend to incriminate the witness, or on any other ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground. > > > (2) An answer made, or document or thing produced, by a witness at a hearing before the Commission is not admissible in evidence against the person in civil, criminal or disciplinary proceedings other than a proceeding for— > > > > > (a) the falsity of evidence given by the witness, or > > > > > (b) a relevant order unless the proceedings for the order have commenced or are imminent. > > > (3) Nothing in this section makes inadmissible— > > > > > (a) any answer, document or thing in proceedings for an offence against this Act or in proceedings for contempt under this Act, or > > > > > (b) any answer, document or thing in any civil or criminal proceedings or in any disciplinary proceedings if the witness does not object to giving the answer or producing the document or other thing irrespective of the provisions of subsection (1), or > > > > > (c) any document in any civil proceedings for or in respect of any right or liability conferred or imposed by the document, or > > > > > (d) any answer made, or document or thing produced, by a corporation at a hearing before the Commission. > > > (4) If— > > > > > (a) an Australian legal practitioner or other person is required to answer a question or produce a document or thing at a hearing before the Commission, and > > > > > (b) the answer to the question would disclose, or the document or thing contains, a privileged communication passing between the legal practitioner (in his or her capacity as a legal practitioner) and a person (the client), > > > > the legal practitioner or client is entitled to refuse to comply with the requirement, unless the privilege is waived by a person having authority to do so. > > > (5) However, the Australian legal practitioner must, if so required by the executive officer presiding at the hearing, furnish to the Commission the name and address of the client to whom or by whom the privileged communication was made. > > > (6) The executive officer presiding at the hearing may declare that all or any classes of answers given by a witness or that all or any classes of documents or other things produced by a witness will be regarded as having been given or produced on objection by the witness, and there is accordingly no need for the witness to make an objection in respect of each such answer, document or other thing. > > > (7) In this section— > > > > imminent has the same meaning as in section 45AA(4). > > > > relevant order means the following orders, within the meaning of the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023)— > > > > > (a) a confiscation order, > > > > > (b) an interstate assets forfeiture order, > > > > > (c) an interstate proceeds assessment or unexplained wealth order, > > > > > (d) an interstate restraining order, > > > > > (e) a non-disclosure order, > > > > > (f) a restraining order. > > **s 39:** Am 2022 No 55, Sch 2\[8\] \[9\].