33Undertakings

33 Undertakings

33 Undertakings

(1) The Attorney General may, if of the opinion that it is appropriate to do so, give to a person an undertaking that—

(a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in specified proceedings, or

(b) the fact that the person discloses or produces a document or other thing in specified proceedings,

being proceedings for an offence against a law of the State (whether an indictable offence or a summary offence), will not be used in evidence against the person.

(2) If the Attorney General gives such an undertaking—

(a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in the specified proceedings, or

(b) the fact that the person discloses or produces a document or other thing in the specified proceedings,

is not admissible in evidence against the person in any civil or criminal proceedings, other than proceedings in respect of the falsity of evidence given by the person.

(3) Such an undertaking may be given conditionally or unconditionally.

(4) Such an undertaking may not be given in respect of a summary offence that is not a prescribed summary offence, unless the Attorney General has consulted the Minister administering the enactment or instrument under which the offence is created.

ss 33 (previously ss 46, 47): Renumbered 2001 No 119, Sch 1 [34].