Document ID: chunk:federal_register_of_legislation:C2024A00098:section:43
Version: federal_register_of_legislation:C2024A00098
Segment Type: section
Provision Reference: s 43
Character Range: 78484–79851

43  National Cyber Security Coordinator not compellable as witness
 (1) The Secretary may issue a certificate stating that:
 (a) a specified person is, or has been:
 (i) a person referred to in paragraph (a) of the definition of National Cyber Security Coordinator in section 8; or
 (ii) a person referred to in paragraph (b) of the definition of National Cyber Security Coordinator in section 8; and
 (b) the specified person is involved, or has been involved, in a specified matter in which the National Cyber Security Coordinator is performing or has performed functions or is exercising or has exercised powers under this Part.
 (2) If, under subsection (1), the Secretary issues a certificate in relation to a person and a specified matter, the person:
 (a) is not obliged to comply with a subpoena or similar direction of a federal court or a court of a State or Territory to attend and answer questions relating to the matter; and
 (b) is not compellable to give an expert opinion in any civil or criminal proceedings in a federal court or a court of a State or Territory in relation to the matter;
but only to the extent that the matter relates to information that has been provided by, or on behalf of, an entity under subsection 35(2) or as referred to in subsection 39(1).
 (3) This section does not apply to a coronial inquiry.

Division 4—Miscellaneous