232Entrusted persons generally not compellable in proceedings

232 Entrusted persons generally not compellable in proceedings

(1) This section applies to: (a) proceedings before a court (whether exercising federal jurisdiction or not); and (b) proceedings before any tribunal, authority or person having power to require the production of documents or the answering of questions, other than a Commonwealth integrity agency or a member of a Royal Commission. (2) A person who is, or has been, an entrusted person is not compellable in any proceedings to which this section applies: (a) to disclose any information that: (i) the person obtained because of the person being an entrusted person, or in the course of carrying out the person’s duties as an entrusted person; and (ii) was disclosed or collected under the provisions of, or for the purposes of, this Act; or (b) to produce any document that: (i) has come into the person’s custody or control because of the person being an entrusted person, or in the course of carrying out the person’s duties as an entrusted person; and (ii) was produced under the provisions of, or for the purposes of, this Act. (3) Subsection (1) does not apply to a proceeding if: (a) any of the following persons is a party to the proceeding in the person’s official capacity: (i) a NACC Commissioner; (ii) a delegate of the Commissioner; (iii) a person appointed or authorised by the Commissioner to exercise a power or perform a function under this Act; (iv) the Inspector; (v) the CEO; or (b) the proceeding is brought for the purposes of carrying into effect a provision of this Act; or (c) the proceeding is a criminal proceeding, civil penalty proceeding or confiscation proceeding brought as a result of: (i) a NACC Act process; or (ii) an investigation of a corruption issue that the Commissioner oversees; or (iii) a referral of a corruption issue to a Commonwealth agency or a State or Territory government entity under paragraph 41(1)(d). (4) For the purposes of this section, produce includes permit access to, and production has a corresponding meaning. (5) To avoid doubt, this section does not limit: (a) section 103 (making investigation material available to courts); or (b) section 106 (court’s powers to order disclosure and to ensure a fair trial).