Australian Capital Territory Current Acts

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EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 79M

No protected confidence immunity in case of misconduct

    (1)     This division does not apply in relation to a communication made, or a document prepared, in the furtherance of the commission of an offence, a fraud or an act that makes a person liable to a civil penalty.

    (2)     A court may find that a communication was made, or a document was prepared, in the furtherance of the commission of an offence, a fraud or an act if there are reasonable grounds for finding that––

        (a)     the offence, fraud or act was committed; and

        (b)     the communication was made, or document prepared, in the furtherance of the offence, fraud or act.

Note     The Supreme Court Act 1933

, s 68C (3) provides that in a criminal proceeding tried by a judge alone, if a territory law requires a warning or direction to be given, or a comment to be made, to a jury in the proceeding, the judge must take the warning, direction or comment into account in considering his or her verdict.



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