Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 304

Person may dispute notice to produce or notice to attend

    (1)     A person on whom a notice to produce or a notice to attend is served may make a claim to the Authority that—

        (a)     the person has or will have a reasonable excuse for failing to comply with the notice; or

        (b)     in the case of a notice under section 303(1)(a), (b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the meeting.

    (2)     Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Authority if the information—

        (a)     in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or

        (b)     is the subject of parliamentary privilege; or

        (c)     is the subject of legal professional privilege or client legal privilege; or

        (d)     is the subject of public interest immunity; or

        (e)     is prohibited from disclosure by a court order; or

        (f)     is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Authority.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback