Document ID: chunk:federal_register_of_legislation:C2004C01287:clause:1_25a:p2
Version: federal_register_of_legislation:C2004C01287
Segment Type: clause
Provision Reference: sch 1 cl 25A (pt 2/3)
Character Range: 41519–44088

an examination if:
 (a) the examiner fails to comply with subsection (7); or
 (b) a witness comments adversely on the presence of the person under paragraph (7)(b).

Confidentiality

 (9) An examiner may direct that:
 (a) any evidence given before the examiner; or
 (b) the contents of any document, or a description of any thing, produced to the examiner; or
 (c) any information that might enable a person who has given evidence before the examiner to be identified; or
 (d) the fact that any person has given or may be about to give evidence at an examination;
must not be published, or must not be published except in such manner, and to such persons, as the examiner specifies. The examiner must give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been, or may be, charged with an offence.

 (10) Subject to subsection (11), the CEO may, in writing, vary or revoke a direction under subsection (9).

 (11) The CEO must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.

Courts

 (12) If:
 (a) a person has been charged with an offence before a federal court or before a court of a State or Territory; and
 (b) the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9), be made available to the person or to a legal practitioner representing the person;
the court may give to the examiner or to the CEO a certificate to that effect and, if the court does so, the examiner or the CEO, as the case may be, must make the evidence available to the court.

 (13) If:
 (a) the examiner or the CEO makes evidence available to a court in accordance with subsection (12); and
 (b) the court, after examining the evidence, is satisfied that the interests of justice so require;
the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person.

Offence

 (14) A person who:
 (a) is present at an examination in contravention of subsection (5); or
 (b) makes a publication in contravention of a direction given under subsection (9);
is guilty of an offence punishable, upon summary conviction, by a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months.

End of examination