Document ID: chunk:federal_register_of_legislation:C2011C00176:clause:1_128a:p2
Version: federal_register_of_legislation:C2011C00176
Segment Type: clause
Provision Reference: sch 1 cl 128A (pt 2/2)
Character Range: 38688–39885

whole or any part of the privilege affidavit is disclosed (including by order under subsection (6)), the court must cause the relevant person to be given a certificate in respect of the information as referred to in paragraph (6)(a).

 (8) In any proceeding in an Australian court:
 (a) evidence of information disclosed by a relevant person in respect of which a certificate has been given under this section; and
 (b) evidence of any information, document or thing obtained as a direct result or indirect consequence of the relevant person having disclosed that information;
cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence concerned.

 (9) Subsection (8) does not prevent the use against the relevant person of any information disclosed by a document:
 (a) that is an annexure or exhibit to a privilege affidavit prepared by the person in response to a disclosure order; and
 (b) that was in existence before the order was made.

 (10) Subsection (8) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate concerned.