6DRights of witness

6D  Rights of witness  (1) Nothing in this Act shall make it compulsory for any witness before a Royal Commission to disclose to the Commission any secret process of manufacture.  (2) If any witness before a Royal Commission requests that the witness’ evidence relating to a particular subject be taken in private on the ground that the evidence relates to the profits or financial position of any person, and that the taking of the evidence in public would be unfairly prejudicial to the interests of that person, the Commission may, if it thinks proper, take that evidence in private, and no person who is not expressly authorised by the Commission to be present shall be present during the taking of that evidence.  (3) The Commission may, in accordance with subsection (3A), direct that:  (a) any evidence given before it; or  (b) the contents of any document, or a description of any thing:  (ii) produced under a notice under subsection 2(3A); or  (iii) given under a notice under subsection 2(3C); or  (c) any information that might enable a person who has given evidence before the Commission to be identified; must not be published, or must not be published except in such manner, and to such persons, as the Commission specifies.  (3A) A direction under subsection (3) may be given:  (a) if the direction is given at an authorised member hearing of the Commission—either by:  (i) the President or Chair of the Commission (unless the President or Chair is not the member, or one of the members, of the Commission holding the hearing); or  (ii) the member, or all of the members, of the Commission holding the hearing; or  (b) if the Commission is constituted by 2 or more members and the direction is not given at an authorised member hearing of the Commission—either by:  (i) the President or Chair of the Commission; or  (ii) a majority of the members of the Commission; or  (c) if the Commission is constituted by a sole Commissioner—by the sole Commissioner.  (4) A person who makes any publication in contravention of any direction given under subsection (3) commits an offence punishable, upon summary conviction, by a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months.  (5) This section shall be read as in aid of and not as in derogation of the Commission’s general powers to order that any evidence may be taken in private. 6DD  Statements made by witness not admissible in evidence against the witness  (1) The following are not admissible in evidence against a natural person in any civil or criminal proceedings in any court of the Commonwealth, of a State or of a Territory:  (a) a statement or disclosure made by the person:  (i) in the course of giving evidence before a Commission; or  (ii) in writing given in response to a notice under subsection 2(3C);  (b) the production of a document or other thing by the person pursuant to a summons, requirement or notice under section 2 or subsection 6AA(3).  (2) Subsection (1) does not apply to the admissibility of evidence in proceedings for an offence against this Act. 6F  Power of Commission in relation to documents and other things  (1) A Commission, a member of a Commission or a person who is an authorised person in relation to a Commission may:  (a) inspect any documents or other things:  (ii) produced or given under a notice under subsection 2(3A) or (3C) or 6AA(3); and  (b) retain the documents or other things for so long as is reasonably necessary for the purposes of the inquiry to which the documents or other things are relevant; and  (c) in the case of documents:  (ii) produced or given under a notice under subsection 2(3A) or (3C) or 6AA(3);   make copies of any documents that contain matter that is relevant to a matter into which the Commission is inquiring.  (2) Where the retention of a document or other thing by a Commission ceases to be reasonably necessary for the purposes of the inquiry to which the document or other thing is relevant, the Commission shall, if a person who appears to the Commission to be entitled to the document or other thing so requests, cause the document or other thing to be delivered to that person unless the Commission has furnished the document or other thing to a person or body referred to in paragraph 6P(1)(a), (aa), (c), (d), (da) or (e) or subsection 6P(2), (2A) or (2B).  (2A) Subsection (2) has effect subject to subsection 9(10).  (3) In subsection (1), a reference to a person who is an authorised person in relation to a Commission is a reference to a person authorised in writing, or a person included in a class of persons authorised in writing, for the purposes of that subsection by:  (a) in relation to an authorised member hearing—the member of the Commission presiding at the hearing; and  (b) in relation to a Commission that is constituted by 2 or more members (except if paragraph (a) applies)—the President or Chair of the Commission; and 6FA  Examination of witnesses by counsel etc.   Any legal practitioner appointed by the Attorney‑General to assist a Commission, any person authorised by a Commission to appear before it, or any legal practitioner authorised by a Commission to appear before it for the purpose of representing any person, may, so far as the Commission thinks proper, examine or cross‑examine any witness on any matter which the Commission deems relevant to the inquiry, and any witness so examined or cross‑examined shall have the same protection and be subject to the same liabilities as if examined by any of the Commissioners, or by the sole Commissioner, as the case may be.