Document ID: chunk:federal_register_of_legislation:C2025C00049:section:232
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 232
Character Range: 292350–294616

232  Entrusted persons generally not compellable in proceedings
 (1) This section applies to:
 (a) proceedings before a court (whether exercising federal jurisdiction or not); and
 (b) proceedings before any tribunal, authority or person having power to require the production of documents or the answering of questions, other than a Commonwealth integrity agency or a member of a Royal Commission.
 (2) A person who is, or has been, an entrusted person is not compellable in any proceedings to which this section applies:
 (a) to disclose any information that:
 (i) the person obtained because of the person being an entrusted person, or in the course of carrying out the person's duties as an entrusted person; and
 (ii) was disclosed or collected under the provisions of, or for the purposes of, this Act; or
 (b) to produce any document that:
 (i) has come into the person's custody or control because of the person being an entrusted person, or in the course of carrying out the person's duties as an entrusted person; and
 (ii) was produced under the provisions of, or for the purposes of, this Act.
 (3) Subsection (1) does not apply to a proceeding if:
 (a) any of the following persons is a party to the proceeding in the person's official capacity:
 (i) a NACC Commissioner;
 (ii) a delegate of the Commissioner;
 (iii) a person appointed or authorised by the Commissioner to exercise a power or perform a function under this Act;
 (iv) the Inspector;
 (v) the CEO; or
 (b) the proceeding is brought for the purposes of carrying into effect a provision of this Act; or
 (c) the proceeding is a criminal proceeding, civil penalty proceeding or confiscation proceeding brought as a result of:
 (i) a NACC Act process; or
 (ii) an investigation of a corruption issue that the Commissioner oversees; or
 (iii) a referral of a corruption issue to a Commonwealth agency or a State or Territory government entity under paragraph 41(1)(d).
 (4) For the purposes of this section, produce includes permit access to, and production has a corresponding meaning.
 (5) To avoid doubt, this section does not limit:
 (a) section 103 (making investigation material available to courts); or
 (b) section 106 (court's powers to order disclosure and to ensure a fair trial).