Evidence on Commission Act 2001

A person is not compelled by virtue of an order under section 5 to give any evidence which the person could not be compelled to give – in similar proceedings in Tasmania; or in similar proceedings in the place in which the requesting court exercises jurisdiction.

Subsection (1)(b) does not apply unless the claim of the person in question to be exempt from giving evidence is either – supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or conceded by the applicant for the order.

If a claim by any person is not so supported or conceded, the person may be required to give the evidence to which the claim relates, but that evidence is not to be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.

In this section – a reference to giving evidence includes a reference to answering any question and producing any document; and a reference to the transmission of evidence given by a person is to be construed accordingly.