Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 94

94 .         Power to obtain information from public authority or officer

        (1)         For the purposes of an investigation under Part 3, the Commission may, by written notice served on a public authority or public officer, require the authority or officer to produce a statement of information.

        (1A)         For the purposes of its functions under section 21AD, the Commission may, by written notice served on a person, require the person to produce a statement of information.

        (2)         A notice under this section must —

            (a)         specify or describe the information required; and

            (b)         fix a time and date by which the statement of information must be produced; and

            (c)         specify the person (being an officer of the Commission) to whom the production is to be made.

        (3)         The notice —

            (a)         may provide that the requirement may be satisfied by some other person acting on behalf of the public authority, public officer or other person served with the notice; and

            (b)         may specify the person or class of persons who may so act.

        (4)         The powers conferred by this section may be exercised despite —

            (a)         any rule of law which, in proceedings in a court, might justify an objection to the production of a statement of information on grounds of public interest; or

            (b)         any privilege of a public authority or public officer in that capacity which the authority or officer could have claimed in a court of law; or

            (c)         any duty of secrecy or other restriction on disclosure applying to a public authority, public officer or other person served with the notice.

        (5)         A statement of information produced by a person in compliance with a notice served under this section is not admissible in evidence against that person in any civil or criminal proceedings except —

            (a)         contempt proceedings; or

            (b)         proceedings for an offence against this Act; or

            (c)         disciplinary action; or

            (d)         under subsection (5A).

        (5A)         A statement of information produced in compliance with a notice served under subsection (1A) is admissible in evidence in any proceeding under the Criminal Property Confiscation Act 2000 .

        (6)         Despite subsection (5), the witness may, in any civil or criminal proceedings, be asked about the statement under section 21 of the Evidence Act 1906 .

        [Section 94 inserted: No. 78 of 2003 s. 17; amended: No. 10 of 2018 s. 10.]