Document ID: chunk:federal_register_of_legislation:C2015A00113:clause:5_3
Version: federal_register_of_legislation:C2015A00113
Segment Type: clause
Provision Reference: sch 5 cl 3
Character Range: 15262–16392

3  At the end of section 128A
Add:
 (11) If a person has been given a certificate under a prescribed State or Territory provision in respect of information of a kind referred to in paragraph (6)(a), the certificate has the same effect, in a proceeding to which this subsection applies, as if it had been given under this section.
 (12) For the purposes of subsection (11), a prescribed State or Territory provision is a provision of a law of a State or Territory declared by the regulations to be a prescribed State or Territory provision for the purposes of that subsection.
 (13) Subsection (11) applies to:
 (a) a proceeding in relation to which this Act applies because of section 4; and
 (b) a proceeding for an offence against a law of the Commonwealth or for the recovery of a civil penalty under a law of the Commonwealth, other than a proceeding referred to in paragraph (a) of this subsection.
Note 1: Bodies corporate cannot claim this privilege: see section 187.
Note 2: Clause 3 of Part 2 of the Dictionary sets out what is a civil penalty.

Part 2—Application to the Australian Capital Territory

Evidence Act 1995