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CRIMES ACT 1914 - SECT 3ZZUE

Ombudsman to be given information etc. despite other laws

             (1)  Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving the information, answering the question, or giving access to the document, as the case may be:

                     (a)  would contravene a law; or

                     (b)  would be contrary to the public interest; or

                     (c)  might tend to incriminate the person or make the person liable to a penalty; or

                     (d)  would disclose one of the following:

                              (i)  a legal advice given to a Minister or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976 );

                             (ii)  a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976 ) and another person or body, being a communication protected against disclosure by legal professional privilege.

             (2)  However, if the person is a natural person:

                     (a)  the information, the answer, or the fact that the person has given access to the document, as the case may be; and

                     (b)  any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;

are not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against Part 7.4 or 7.7 of the Criminal Code .

             (3)  Nothing in any other law prevents a staff member of the Australian Federal Police from:

                     (a)  giving information to the Ombudsman or an inspecting officer (whether orally or in writing and whether or not in answer to a question); or

                     (b)  giving access to a record of the Australian Federal Police to the Ombudsman or an inspecting officer;

for the purposes of an inspection under this Division.

             (4)  Nothing in any other law prevents a staff member of the Australian Federal Police from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (3).

             (5)  The fact that a person is not excused under subsection (1) from giving information, answering a question or producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.



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