Section 3ZZUE — Crimes Act 1914: Ombudsman to be given information etc. despite other laws
Text of the provision Official document
(1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving the information, answering the question, or giving access to the document, as the case may be: (a) would contravene a law; or (b) would be contrary to the public interest; or (c) might tend to incriminate the person or make the person liable to a penalty; or (d) would disclose one of the following: (i) a legal advice given to a Minister or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976); (ii) a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976) and another person or body, being a communication protected against disclosure by legal professional privilege. (2) However, if the person is a natural person: (a) the information, the answer, or the fact that the person has given access to the document, as the case may be; and (b) any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document; are not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against Part 7.4 or 7.7 of the Criminal Code. (3) Nothing in any other law prevents a staff member of the Australian Federal Police from: (a) giving information to the Ombudsman or an inspecting officer (whether orally or in writing and whether or not in answer to a question); or (b) giving access to a record of the Australian Federal Police to the Ombudsman or an inspecting officer; for the purposes of an inspection under this Division. (4) Nothing in any other law prevents a staff member of the Australian Federal Police from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (3). (5) The fact that a person is not excused under subsection (1) from giving information, answering a question or producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.
Official source: Federal Register of Legislation
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