Document ID: chunk:federal_register_of_legislation:C2024C00809:section:9:p2
Version: federal_register_of_legislation:C2024C00809
Segment Type: section
Provision Reference: s 9 (pt 2/5)
Character Range: 25500–28104

conviction of a person in respect of an offence against a law of the Commonwealth;
and where the Director takes over such a proceeding, he or she may decline to carry it on further.
 (5A) Where the Director is carrying on a proceeding instituted by another person, being a proceeding of the kind mentioned in paragraph (5)(a) or (b), the Director may decline to carry it on further even if the Director has not taken it over under subsection (5).
 (6) The Director may, if he or she considers it appropriate to do so, give to a person an undertaking that:
 (a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in specified proceedings;
 (b) the fact that the person discloses or produces a document or other thing in specified proceedings; or
 (ba) any information, document or other thing that is obtained as a direct or indirect consequence of an answer that is given, a statement or disclosure that is made, or a document or other thing that is disclosed or produced, in specified proceedings;
will not be used in evidence against the person, and where the Director gives such an undertaking:
 (c) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in the specified proceedings;
 (d) the fact that the person discloses or produces a document or other thing in the specified proceedings; or
 (e) any information, document or other thing that is obtained as mentioned in paragraph (ba);
as the case may be, is not admissible in evidence against the person in any civil or criminal proceedings in a federal court or in a court of a State or Territory, other than proceedings in respect of the falsity of evidence given by the person.
 (6A) In subsection (6):
specified proceedings means:
 (a) proceedings for an offence against, or for the imposition of or the recovery of a pecuniary penalty under, a law of the Commonwealth;
 (aa) proceedings (including inquiries) under the Crimes (Aviation) Act 1991;
 (b) proceedings in Australia under the Extradition Act 1988, the International War Crimes Tribunals Act 1995 or the Mutual Assistance in Criminal Matters Act 1987;
 (c) proceedings by way of a coronial inquest or inquiry conducted under the laws of the Commonwealth; or
 (d) proceedings under, connected with or arising out of the Proceeds of Crime Act 2002, the Proceeds of Crime Act 1987, Division 3 of Part XIII of the Customs Act 1901 or the forfeiture of goods under the Customs Act 1901.
 (6B) The Director may, if the Director considers it appropriate to do so,