34Consequences of section 32 or 33 applying to information

34 Consequences of section 32 or 33 applying to information

(1)  If a person has been requested under section 29 to give a statement to a person –

(a) the person to whom the request is made is not required to include in the statement any information to which section 32 or 33 applies; and

(b) if the statement would be false or misleading if it did not include the information, the person is not required to give the statement.

(2)  If, under subsection (1)  –

(a) information is not included in a statement given by a person; or

(b) a statement is not given by a person –

the person must give written notice to the person who made the request.

(3)  The notice must state –

(a) if subsection (1)(a) applies –

(i) that the information is not included; and

(ii) the reason for not giving the statement; or

(b) if subsection (1)(b) applies –

(i) that the statement will not be given; and

(ii) the reason for not giving the statement.

(4)  The notice must be given –

(a) if subsection (1)(a) applies, at the time the statement is given; or

(b) if subsection (1)(b) applies, as soon as practicable and, in any event, within 28 days after receiving the request.

(5)  Nothing in this section affects the power of the Court –

(a) to make an order for the discovery of documents; or