13Admissibility and use of certain evidence in proceedings to which this Part applies

13 Admissibility and use of certain evidence in proceedings to which this Part applies

13 Admissibility and use of certain evidence in proceedings to which this Part applies

(1) An answer made, or record produced, by a witness to or before the James Hardie Special Commission of Inquiry is admissible in evidence in proceedings to and in respect of which this Part applies (including being admissible against the person who made the answer or produced the record to or before that Inquiry).

(2) Subsection (1) applies even if a person would be excused from answering the question or producing the record:

(a) on the ground (whether arising under the Evidence Act 1995 or any other law) that the answer to the question, or the record, is or contains a privileged communication passing between a legal practitioner (in his or her capacity as a legal practitioner) and a person for the purpose of providing or receiving legal professional services, or

(b) on the ground that the answer to the question, or the record, would disclose a protected confidence within the meaning of Division 1A of Part 3.10 of the Evidence Act 1995.

(3) Subsection (1) applies despite section 23 (2) of the Special Commissions of Inquiry Act 1983 but evidence is not admissible under that subsection against a natural person if it may incriminate or tend to incriminate the person.

(4) This section does not operate to render admissible in proceedings to and in respect of which this Part applies evidence that would not be admissible apart from section 23 (2) of the Special Commissions of Inquiry Act 1983 and this section.