Australian Capital Territory Current Acts

CORONERS ACT 1997 - SECT 43

    (1)     If a coroner is satisfied that—

        (a)     a person may be able to give evidence or produce a relevant document or other thing to the coroner; or

        (b)     a person who may be able to give evidence before a coroner will not voluntarily, or does not, appear at a particular time and on a particular date;

the coroner may issue a subpoena requiring the person to appear before the coroner at a time and on a date specified in the subpoena—

        (c)     to give that evidence or produce that document or thing; or

        (d)     to give that evidence and produce a document or thing in the possession, custody or control of the person that is mentioned in the subpoena; or

        (e)     to produce a document or thing in the possession, custody or control of the person that is mentioned in the subpoena.

    (2)     A person is taken to have complied with a subpoena under subsection (1) (a) if the person delivers the document or thing to the court before the date specified in the subpoena.

    (3)     A person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to produce a document or other thing required under a subpoena.

Note     The Legislation Act

, s 171 deals with client legal privilege.

    (4)     However, any information, document or other thing obtained, directly or indirectly, because of the production of the document or other thing, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for—

        (a)     an offence in relation to the falsity or the misleading nature of the document or thing; or

        (b)     an offence against the Criminal Code

, chapter 7 (Administration of justice offences).