Section 23 of the Principal Act is repealed and the following sections are substituted:

23.     Notice to produce document or statement

(1)  A Commission may, by notice served on a person, require the person to –

(a) prepare a document for or statement to the Commission, or a person designated by the Commission, containing the information known by the person in respect of the matter specified in the notice; and

(b) give the document or statement so prepared to a person by the time, and at the place or in the manner, specified in the notice.

(2)  A Commission must not require a person to prepare a document or statement under subsection (1) if that person has been charged with an offence in respect of the matter to which the document or statement relates.

(3)  Subsection (2) does not apply if the charge has been finally disposed of.

(4)  A notice under this section served by the Commission on a person may form, but is not required to form, part of a notice served under section 22 by that Commission on that person.

23A.     Privilege does not apply in certain circumstances

If a person refuses to prepare or produce a document or statement as required under section 22 or 23 on the grounds that the document or statement, or the information contained in the document or statement, is protected by privilege –

(a) the Commission may require the production of the document or statement to assess whether privilege so applies; and

(b) the production of the document or statement to the Commission, or the use of the document or statement by the Commission, does not affect whether the document or statement is protected by privilege in any other circumstances.

23B.     Powers in relation to witnesses

If a Commission is satisfied that it is necessary in the circumstances, the Commission may do one or more of the following in respect of a person giving evidence to the Commission:

(a) permit the person to give evidence anonymously or under a pseudonym;

(b) use any means that the Commission considers appropriate to prevent the direct, or indirect, identification of the person;

(c) identify the person as potentially vulnerable and apply any special evidentiary procedures, or measures, that may be appropriate, including but not limited to measures under the Evidence (Children and Special Witnesses) Act 2001 whether or not the prerequisites under that Act for those measures are met.