128APrivilege in respect of self-incrimination – exception for certain orders, &c.

128A Privilege in respect of self-incrimination – exception for certain orders, &c.

[Section 128A Inserted by No. 46 of 2010, s. 37, Applied:01 Jan 2011]

(1)  In this section –

disclosure order means an order made by a Tasmanian court in a civil proceeding requiring a person to disclose information as part of, or in connection with, a freezing or search order under the Supreme Court Rules 2000 but does not include an order made by a court under the Proceeds of Crime Act 2002 of the Commonwealth or Crime (Confiscation of Profits) Act 1993 ;

relevant person means a person to whom a disclosure order is directed.

(2)  If a relevant person objects to complying with a disclosure order on the grounds that some or all of the information required to be disclosed may tend to prove that the person –

(a) has committed an offence against or arising under an Australian law or a law of a foreign country; or

(b) is liable to a civil penalty –

the person must –

(c) disclose so much of the information required to be disclosed to which no objection is taken; and

(d) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken (the "privilege affidavit") and deliver it to the court in a sealed envelope; and

(e) file and serve on each other party a separate affidavit setting out the basis of the objection.

(3)  The sealed envelope containing the privilege affidavit must not be opened except as directed by the court.

(4)  The court must determine whether or not there are reasonable grounds for the objection.

(5)  Subject to subsection (6) , if the court finds that there are reasonable grounds for the objection, the court must not require the information contained in the privilege affidavit to be disclosed and must return it to the relevant person.