sec.44Application of Criminal Code

### sec.44 Application of Criminal Code The Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to investigations under this Act. Without limiting subsection (1) , for applying the identified provisions to an investigation— the investigation is a judicial proceeding; and the ombudsman is the holder of a judicial office; and a reference to judicial capacity is a reference to capacity as ombudsman; and a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and a reference to a witness is a reference to a person from whom the ombudsman may obtain information; and a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and a reference to a tribunal is a reference to the ombudsman. (sec.44-ssec.1) The Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to investigations under this Act. (sec.44-ssec.2) Without limiting subsection (1) , for applying the identified provisions to an investigation— the investigation is a judicial proceeding; and the ombudsman is the holder of a judicial office; and a reference to judicial capacity is a reference to capacity as ombudsman; and a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and a reference to a witness is a reference to a person from whom the ombudsman may obtain information; and a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and a reference to a tribunal is a reference to the ombudsman. - (a) the investigation is a judicial proceeding; and - (b) the ombudsman is the holder of a judicial office; and - (c) a reference to judicial capacity is a reference to capacity as ombudsman; and - (d) a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and - (e) a reference to a witness is a reference to a person from whom the ombudsman may obtain information; and - (f) a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and - (g) a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and - (h) a reference to a tribunal is a reference to the ombudsman.