Document ID: chunk:federal_register_of_legislation:C2021C00472:section:128a:p2
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 128A (pt 2/2)
Character Range: 141617–143865

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.
 (11) If a person has been given a certificate under a prescribed State or Territory provision in respect of information of a kind referred to in paragraph (6)(a), the certificate has the same effect, in a proceeding to which this subsection applies, as if it had been given under this section.
 (12) For the purposes of subsection (11), a prescribed State or Territory provision is a provision of a law of a State or Territory declared by the regulations to be a prescribed State or Territory provision for the purposes of that subsection.
 (13) Subsection (11) applies to:
 (a) a proceeding in relation to which this Act applies because of section 4; and
 (b) a proceeding for an offence against a law of the Commonwealth or for the recovery of a civil penalty under a law of the Commonwealth, other than a proceeding referred to in paragraph (a) of this subsection.
Note 1: Bodies corporate cannot claim this privilege: see section 187.
Note 2: Clause 3 of Part 2 of the Dictionary sets out what is a civil penalty.

Division 3—Evidence excluded in the public interest