Corruption, Crime and Misconduct Act 2003

For the purposes of an investigation under Part 3, the Commission may, by written notice served on a public authority or public officer, require the authority or officer to produce a statement of information.

For the purposes of its functions under section 21AD, the Commission may, by written notice served on a person, require the person to produce a statement of information.

A notice under this section must —

specify or describe the information required; and

fix a time and date by which the statement of information must be produced; and

specify the person (being an officer of the Commission) to whom the production is to be made.

The notice —

may provide that the requirement may be satisfied by some other person acting on behalf of the public authority, public officer or other person served with the notice; and

may specify the person or class of persons who may so act.

The powers conferred by this section may be exercised despite —

any rule of law which, in proceedings in a court, might justify an objection to the production of a statement of information on grounds of public interest; or

any privilege of a public authority or public officer in that capacity which the authority or officer could have claimed in a court of law; or

any duty of secrecy or other restriction on disclosure applying to a public authority, public officer or other person served with the notice.

A statement of information produced by a person in compliance with a notice served under this section is not admissible in evidence against that person in any civil or criminal proceedings except —

contempt proceedings; or

proceedings for an offence against this Act; or

disciplinary action; or

under subsection (5A).

A statement of information produced in compliance with a notice served under subsection (1A) is admissible in evidence in any proceeding under the Criminal Property Confiscation Act 2000.

Despite subsection (5), the witness may, in any civil or criminal proceedings, be asked about the statement under section 21 of the Evidence Act 1906.