Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 194

194 Presiding officer to decide whether refusal to answer questions or produce documents or things is justified

(1) This section applies if a person claims to have a reasonable excuse, including a reasonable excuse based on a claim of legal professional privilege, for not complying with a requirement made of the person at a commission hearing—

(a) to answer a question put to the person; or

(b) to produce a document or thing that the person was required to produce.

(1A) The presiding officer must decide whether or not there is a reasonable excuse.

(1B) The presiding officer must decide, after hearing the person’s submissions—

(a) that the requirement will not be insisted on; or

(b) that the officer is not satisfied the person has a reasonable excuse.

(2) If the presiding officer decides, after hearing the person’s submissions, that the person has a reasonable excuse based on self-incrimination privilege for not complying with the requirement—

(a) the presiding officer may require the person to comply with the requirement; and

(b) section 197 applies in relation to the answer, document or thing given or produced.

(3) If the presiding officer decides the person did not have a reasonable excuse for not complying with the requirement, the presiding officer must—

(a) give the person reasons for the decision; and

(b) require the person to answer the question, or to produce the document or thing as required by the attendance notice, subject to the person’s right of appeal under section 195 ; and

(c) advise the person that the person may appeal the presiding officer’s decision to the Supreme Court within the time allowed under section 195 .

Note—

A refusal to comply with the requirement to answer the question or produce the document or thing is an offence against section 185 or 192 .

(4) If—

(a) the person is required to produce a document or thing under subsection (3) ; and

(b) the person informs the presiding officer that the person wishes to appeal or consider an appeal under section 195 ;

the person must immediately seal the document or thing and give it to the commission for safekeeping.

Penalty—

Maximum penalty—85 penalty units or 1 year’s imprisonment.

(5) The commission must—

(a) give the person a receipt for the sealed document or thing (the
"sealed evidence" ); and

(b) place it in safe custody at the commission’s place of business at the earliest reasonable opportunity.

(6) A person must not open the sealed evidence unless authorised to open it under this Act or a court order.

Penalty—

Maximum penalty—85 penalty units or 1 year’s imprisonment.

(7) If the person fails to apply for leave to appeal within the time allowed under section 195 , or leave to appeal is refused under that section, the commission may access the sealed evidence.