National Anti-Corruption Commission Act 2022
114Public interest grounds
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114 Public interest grounds
(1) A person is not excused from giving an answer or information, or producing a document or thing, as required by a direction to produce, a notice to produce, or at a hearing, on the ground that doing so: (a) would disclose legal advice given to a person; or (b) would disclose a communication that is protected against disclosure by legal professional privilege; or (c) would breach a secrecy provision (other than an exempt secrecy provision); or (d) would be otherwise contrary to the public interest. (2) Subsection (1) does not apply in relation to advice or a communication that concerns: (a) a person’s compliance with: (i) a direction to produce; or (ii) a notice to produce; or (b) a person’s attendance, or reasonably anticipated attendance, at a hearing. (3) Paragraph (1)(a) does not apply in relation to legal advice given for the purposes of, or in the course of, a person’s work as a journalist in a professional capacity. (4) Paragraph (1)(b) does not apply in relation to a communication made for the purposes of, or in the course of, a person’s work as a journalist in a professional capacity. (5) The fact that a person is not excused under subsection (1) from answering a question or giving information, or producing a document or thing, does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that answer, information, document or thing. (6) A person does not commit an offence, and is not liable to any penalty, under the provisions of any other enactment because the person: (a) gives information, or produces a document or thing, as required by: (i) a direction to produce; or (ii) a notice to produce; or (b) gives an answer or information, or produces a document or thing, as required at a hearing.