Limitation on search warrant powers for corruption investigations
94 Limitation on search warrant powers for corruption investigations
This section applies if—
an authorised commission officer who is exercising search warrant powers for a corruption investigation wishes to inspect, photograph or seize a document or thing under the warrant; and
a person who is entitled to claim the privilege claims the document or thing is subject to privilege.
The authorised commission officer must consider the claim and may—
decide to withdraw the requirement in relation to which the claim is made; or
decide not to withdraw the requirement and advise the person that, for a claim of privilege other than journalist privilege, the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW.
Note—For a claim of journalist privilege, see the Evidence Act 1977, part 2, division 2B, subdivision 3.
If the commission officer decides not to withdraw the requirement—
for which a claim of journalist privilege has been made—the Evidence Act 1977, part 2, division 2B, subdivision 3 applies; or
for which another claim of privilege has been made—chapter 4A, part 4, division 3 applies.
In this section—privilege does not include privilege on the ground of confidentiality or self-incrimination privilege.
This Act’s bill:Explanatory memorandum
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