43Procedure at inquiries etc.

#### 43 Procedure at inquiries etc. (1) Subject to this section, an inquiry by a Commissioner shall be held in public and evidence in the inquiry shall be taken in public on oath or affirmation. (2) Where a Commissioner is satisfied that it is desirable to do so in the public interest by reason of the confidential nature of any evidence or matter or for any other reason, the Commissioner may: (a) direct that the inquiry or a part of the inquiry shall take place in private and give directions as to the persons who may be present; or (b) give directions prohibiting or restricting the publication of evidence given before the inquiry or of matters contained in documents lodged with the Commissioner. (3) A Commissioner may, if he or she thinks fit, permit a person appearing as a witness before the inquiry to give evidence by tendering and, if the Commissioner so directs, by verifying by oath or affirmation, a written statement. (4) Where a Commissioner considers that the attendance of a person as a witness before the inquiry would cause serious hardship to the person, the Commissioner may permit the person to give evidence by sending to the Commissioner a written statement, verified in such manner as the Commissioner allows. (5) Where evidence is given to an inquiry by a written statement in accordance with subsection (3) or (4), the Commissioner shall make available to the public in such manner as the Commissioner thinks fit the contents of the statement other than any matter as to which the Commissioner is satisfied that its publication would be contrary to the public interest by reason of its confidential nature or for any other reason. (6) Subject to this section and the regulations: (a) the procedure to be followed at an inquiry is within the discretion of the Commissioner; and (b) a Commissioner is not bound by the rules of evidence. (7) Evidence of anything said or of the production of any document at an inquiry is not admissible in any court (whether exercising federal jurisdiction or not) or in any proceedings before a person authorized by a law of the Commonwealth or of a State or Territory, or by consent of parties, to hear evidence except in a prosecution for: (a) an offence against section 48 of this Act or section 35 of the Crimes Act 1914 relating to the inquiry; or (b) an offence against: (i) section 6 of the Crimes Act 1914; or (ii) section 11.1, 11.4 or 11.5 of the Criminal Code; being an offence that relates to an offence of a kind referred to in paragraph (a) of this subsection.