Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-1 - EXAMINATIONS  

Division 4 - Offences  

Note:

In addition to the offences in this Division, there are other offences that may be relevant to examinations, such as sections 137.1 (false or misleading information) and 137.2 (false or misleading documents) of the Criminal Code .

SECTION 197   Privileged information  

197(1)    
Paragraph 196(1)(b) or (c) does not apply if, under:

(a) a law of the Commonwealth; or

(b) a law of the State or Territory in which the * examination takes place;

the person could not, in proceedings before a court, be compelled to answer the question or produce the document.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code .

197(2)    
However, paragraph 196(1)(b) or (c) applies if the only reason or reasons why the person could not be so compelled are one or more of the following:

(a) answering the question or producing the document would tend to incriminate the person or to expose the person to a penalty;

(b) the answer would be privileged from being disclosed, or the document would be privileged from being produced, in legal proceedings on the ground of * legal professional privilege;

(ba) the answer would be privileged from being disclosed, or the document would be privileged from being produced, in legal proceedings on the ground of * professional confidential relationship privilege;

(c) the answer or document would, under a law of the Commonwealth, a State or a Territory relating to the law of evidence, be inadmissible in legal proceedings for a reason other than because:

(i) the answer would be privileged from being disclosed; or

(ii) the document would be privileged from being produced.

197(3)    
To avoid doubt, the following are not reasons why a person cannot, in proceedings before a court, be compelled to answer a question or produce a document:

(a) the person is contractually obliged not to disclose information, and answering the question or producing the document would disclose that information;

(b) the person is obliged under a law of a foreign country not to disclose information, and answering the question or producing the document would disclose that information.