Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:
Part IAA
-
Search, information gathering, arrest and related powers
Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Part IAA (heading) formerly read:
Part IAA
-
Search warrants and powers of arrest
Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1AA
-
Search warrants and powers of arrest
Division 4B
-
Power to obtain information and documents
History
Div 4B inserted by No 144 of 2005, s 3 and Sch
6 item 1, effective 15 December 2005.
Subdivision C
-
Power to obtain documents relating to serious terrorism and non-terrorism offences
History
Subdiv C inserted by No 144 of 2005, s 3 and Sch 6 item 1, effective 15 December 2005.
SECTION 3ZQR
Documents must be produced
(1)
A
person is not excused from producing a document under section
3ZQN
or
3ZQO
on
the ground that to do so:
(a)
would contravene
any other law; or
(b)
might
tend to incriminate the person or otherwise expose the person to a penalty
or other liability; or
(c)
would
disclose material that is protected against disclosure by legal professional
privilege or any other duty of confidence; or
(d)
would be otherwise contrary to the public interest.
(2)
However,
neither:
(a)
the production of the document;
nor
(b)
any information,
document or thing obtained as a direct or indirect consequence of producing
the document;
is admissible in evidence
against the person in proceedings other than proceedings for an offence against
section
137.1
,
137.2
or
149.1
of
the
Criminal Code
that relates to this
Act.
(3)
A
person is not liable to any penalty by reason of his or her producing a document
when required to do so under section
3ZQN
or
3ZQO
.
(4)
The
fact that a person is not excused under subsection (1) from producing a document
does not otherwise affect a claim of legal professional privilege that anyone
may make in relation to that document.
History
S ZQR inserted
by No 144 of 2005, s 3 and Sch 6 item 1, effective 15 December 2005.