Certain evidence before a State Commission inadmissible in Commonwealth proceedings
7D Certain evidence before a State Commission inadmissible in Commonwealth proceedings
In this section:
Commissioner means Gerald Edward Fitzgerald Q.C., in his capacity as the person making the inquiry.
Commonwealth proceedings means proceedings in a court of the Commonwealth, of a State or of a Territory, whether instituted before or after the commencement of this section, being:
criminal proceedings under a law of the Commonwealth or of a Territory (other than the Northern Territory); or
civil proceedings instituted by, or on behalf of, the Commonwealth.
inquiry means the inquiry being made by Gerald Edward Fitzgerald Q.C. under the Order in Council that was made under The Commissions of Inquiry Act of 1950 of the State of Queensland and published in the Queensland Government Gazette, on 26 May 1987, at pages 758A and 758B, being that Order in Council as amended by:
the Order in Council made under that Act and published in the Queensland Government Gazette, on 24 June 1987, at pages 1841A and 1841B; and
any other instrument, whether made before or after the commencement of this section.
State law means subsection 14(2) of The Commissions of Inquiry Act of 1950 of the State of Queensland.
Where the State law would not render a statement or disclosure made by a witness in answer to a question put to the witness by or before the Commissioner inadmissible against the witness in Commonwealth proceedings, the statement or disclosure is, by force of this section, inadmissible against the witness in any such proceedings.
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