6Custody of documents

6 Custody of documents

(1) Subject to this section, at the commencement, the Presiding Officers jointly have the exclusive right to possession of any document that was in the possession of the Commission immediately before the commencement. (2) The Presiding Officers shall take such measures as they consider necessary to prevent persons from obtaining access to a document referred to in subsection (1), and may, for this purpose, commit such a document to the custody of a person designated by them. (3) Notwithstanding any other law, during the period of 30 years after the commencement: (a) no person other than a Presiding Officer is entitled to access to a class A document; (b) a Presiding Officer shall not be required to produce such a document to any person or to answer questions concerning such a document; (c) a person having custody of such a document under subsection (2) shall not be required by any person other than a Presiding Officer to produce such a document to any person or to answer questions concerning such a document; and (d) a person who was a member of the Commission or of the staff of the Commission or was counsel assisting the Commission shall not be required by any person to answer questions concerning such a document. (4) Notwithstanding any other law, a person is not entitled to have access to, or to make use of: (a) a class A document after the end of the period of 30 years after the commencement; or (b) a class B document at any time; except in accordance with the written authority of the Presiding Officers. (5) An agency within the meaning of the Freedom of Information Act 1982 is exempt from the operation of that Act in relation to a document created for the purposes of the Commission. (6) In this section:

class A document means a document referred to in subsection (1) that contains material relating to the conduct of the Honourable Lionel Keith Murphy.

class B document means a document referred to in subsection (1) that contains material relating to:

(a) the meaning of section 72 of the Constitution; or
(b) any other matter;

but does not include a class A document.

person includes a court or tribunal, or an authority (including a House of the Parliament or a committee of either or both of the Houses of Parliament) having power to require the production of documents or the answering of questions.