Document ID: chunk:federal_register_of_legislation:C2025C00095:section:9:p3
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 9 (pt 3/3)
Character Range: 115602–117539

answer to the question:
 (a) would contravene the provisions of any other enactment (whether enacted before or after the commencement of the Prime Minister and Cabinet Legislation Amendment Act 1991); or
 (aa) might tend to incriminate the person or make the person liable to a penalty; or
 (ab) would disclose one of the following:
 (i) a legal advice given to a Minister, a Department or a prescribed authority;
 (ii) a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege; or
 (b) would be otherwise contrary to the public interest;
but the information, the production of the document or record or the answer to the question is not admissible in evidence against the person in proceedings other than:
 (c) an application under subsection 11A(2); or
 (d) proceedings for an offence against section 36 of this Act or an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act.
 (5) A person is not liable to any penalty under the provisions of any other enactment by reason of his or her furnishing information, producing a document or other record or answering a question when required to do so under this Act.
 (5A) The fact that a person is not excused under subsection (4) from furnishing information, producing a document or other record or answering a question does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, document or other record or answer.
 (6) The reference in subsection (1) to an officer, in relation to a body corporate, being a body corporate that is not a prescribed authority, includes a reference to a director, secretary, executive officer or employee of the body corporate.
 (7) In this section:
State includes the Australian Capital Territory and the Northern Territory.