82Subsequent use of representations made by witness

82 Subsequent use of representations made by witness (1) A representation made by a witness in evidence given to the ICAC or an authorised officer is not admissible in evidence against the witness in a civil or criminal proceeding except a proceeding for an offence against this Act.

Independent Commissioner Against Corruption Act 2017 62 (2) Subsection (1) does not apply to evidence given by a witness if, before the person gave the evidence, the ICAC or an authorised officer informed the person that the person was not obliged to give the evidence, but if the person did so, the evidence could be used against them in civil or criminal proceedings. (3) Subsection (1) also does not apply to an item given in evidence to the ICAC or an authorised officer if the item did not come into existence as part of giving evidence to the ICAC or an authorised officer, as long as the item is not relied on to prove that a representation was made in evidence given to the ICAC or an authorised officer. (4) Subsection (3) applies to a copy of an item as if it were the original item. Example for subsection (4) Copies of business records produced at an examination or public inquiry by a witness may be admissible in subsequent proceedings if they are led as evidence of the activities of the business rather than as evidence that they were produced by the witness in giving evidence to the ICAC. (5) Subject to subsection (6), subsection (1) does not prevent the use of a representation made by a witness, or evidence given to the ICAC or an authorised officer by the witness, to locate or identify further evidence which may be used in civil or criminal proceedings. (6) The ICAC must not disclose to a person or body (other than a member of ICAC staff), or seek to elicit or use during an open session, evidence given by the witness at an examination or closed session that tends to incriminate the witness only in relation to a summary offence. (7) Subsection (6) does not apply to evidence in relation to: (a) an offence that involves improper conduct; or (b) an offence the ICAC believes on reasonable grounds raises concerns about a serious ongoing or future threat to a person's health or safety, to public health or to the environment.