54Privilege of witnesses

54 Privilege of witnesses (1) A person shall not be compelled by virtue of an order under section 53 to give any evidence which he or she could not be compelled to give: (a) in similar proceedings in the Territory; or (b) in similar proceedings in the place in which jurisdiction is exercised by the court or tribunal pursuant to whose request the application for the order was made. (2) Subsection (1)(b) does not apply unless the claim of the person in question to be exempt from giving evidence is: (a) supported (whether unconditionally or subject to conditions that are fulfilled) by a statement contained in the request; or (b) conceded by the applicant for the order. Evidence Act 1939 38 (3) Where such a claim by a person is not so supported or conceded, he or she may (subject to the other provisions of this section) be required to give the evidence to which the claim relates, but that evidence shall not be transmitted to the court or tribunal in question if that court or tribunal, on the matter being referred to it, upholds the claim. (4) In this section, references to giving evidence include references to answering any question and producing any document, and the reference in subsection (3) to the transmission of evidence given by a person shall be construed accordingly.