8Use and admissibility in proceedings of transferred records

8 Use and admissibility in proceedings of transferred records

8 Use and admissibility in proceedings of transferred records

(1) A transferred record is to be treated for the purposes of any law of the State as if it were a record that ASIC had lawfully obtained, or given into the possession or custody of the ACCC or any other person, in the performance of its functions or the exercise of its powers under Commonwealth law. Accordingly, nothing in any law of the State prevents the use of such a record in any proceedings or renders the record inadmissible if it would be able to be used or would be admissible in proceedings had any law of the Commonwealth applied to or in respect of it.

(2) In particular, sections 23 and 31 (2) of the Special Commissions of Inquiry Act 1983 do not prevent or restrict:

(a) the provision or making available to ASIC of any record under this Part, or

(b) the publication or use by ASIC of a transferred record, or of matter in or referred to in a transferred record, in connection with the performance of its functions or the exercise of its powers under any Commonwealth law, or

(c) the giving into the possession or the custody of the ACCC or any other person of any record under this Part, or

(d) the publication or use by the ACCC or other person of the record, or of matter in or referred to in the record, in connection with the performance of its functions or the exercise of its powers under any law.

Note—

Section 23 limits the admissibility in any NSW civil or criminal proceedings against a person of an answer made or book, document or writing produced by the person as a witness to or before the James Hardie Special Commission of Inquiry. Section 31 (2) makes it an offence to contravene a direction given by the Commissioner preventing publication of evidence given before the Commissioner or of matters contained in documents lodged with the Commission.

(3) Except as provided by this section, nothing in this Part affects the operation of section 23 or 31 (2) of the Special Commissions of Inquiry Act 1983 in relation to the transferred records.

(4) If a question arises with respect to the admissibility of a transferred record in any proceedings before a court in which Part 3.10 of the Evidence Act 1995 is not applicable, the court may order that the record be produced to it and may inspect the record for the purpose of determining the question.