Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 7 - Inspections  

SECTION 3ZZVU   Ombudsman to be given information and access despite other laws  

(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

(d)    would disclose one of the following:

(i) a legal advice given to a Minister, a Department or a prescribed authority;

(ii) a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege.

(2)    
However, if the person is an individual:

(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;

is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 3ZZVH of this Act or Part 7.4 or 7.7 of the Criminal Code .

(3)    
If, at general law, an individual would otherwise be able to claim the privilege against self-exposure to a penalty (other than a penalty for an offence) in relation to giving information, answering a question, or giving access to a document, as and when required under this Division, the individual is not excused from giving the information, answering the question, or giving access to the document, as the case may be, on that ground.

Note:

A body corporate is not entitled to claim the privilege against self-exposure to a penalty.

(4)    
Nothing in section 3ZZVH or in any other law prevents a law enforcement officer of the Australian Federal Police or the ACC from:

(a)    giving information to 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 or the ACC, as the case requires, to an inspecting officer;

for the purposes of an inspection under this Division of the records of the Australian Federal Police or the ACC, as the case requires.

(5)    
Nothing in section 3ZZVH or in any other law prevents a law enforcement officer 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 (4).

(6)    
The fact that a person is not excused under subsection (1) or (3) from giving information, answering a question or giving access to a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.

(7)    
In this section:

prescribed authority
has the same meaning as in the Ombudsman Act 1976 .