Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An examiner may regulate the conduct of proceedings at an examination as the examiner considers appropriate.
(2) At an examination before an examiner—
(a) a person giving evidence may be represented by a legal practitioner; and
(b) if, because of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented.
(3) An examination before an examiner must be held in private and the examiner may give directions about the people who may be present during the examination or a part of the examination.
(4) Nothing in a direction given by the examiner under subsection (3) prevents the presence, when evidence is being taken at an examination before the examiner, of—
(a) a person representing the person giving evidence; or
(b) a person representing, in accordance with subsection (2), a person who, because of a direction given by the examiner under subsection (3), is entitled to be present.
(5) If an examination before an examiner is being held, a person (other than a member of the staff of the ACC approved by the examiner) must not be present at the examination unless the person is entitled to be present because of a direction given by the examiner under subsection (3) or because of subsection (4).
(6) A person commits an offence if the person is present at an examination knowing that he or she is not entitled to be present.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(7) At an examination before an examiner—
(a) counsel assisting the examiner generally or in relation to the matter to which the ACC operation/investigation relates; or
(b) someone authorised by the examiner to appear before the examiner at the examination; or
(c) any legal practitioner representing a person at the examination in accordance with subsection (2);
may, so far as the examiner considers appropriate, examine or cross-examine any witness on any matter that the examiner considers relevant to the ACC operation/investigation.
(8) If a person (other than a member of the staff of the ACC) is present at an examination before an examiner while someone else (the witness ) is giving evidence at the examination, the examiner must—
(a) tell the witness that the person is present; and
(b) give the witness an opportunity to comment on the presence of the person.
(9) To remove any doubt, a person does not cease to be entitled to be present at an examination before an examiner or part of such an examination if—
(a) the examiner fails to comply with subsection (8); or
(b) a witness comments adversely on the presence of the person under subsection (8) (b).
(10) An examiner may direct that—
(a) any evidence given before the examiner; or
(b) the contents of any document, or a description of anything, produced to the examiner; or
(c) any information that might enable a person who has given evidence before the examiner to be identified; or
(d) the fact that any person has given or may be about to give evidence at an examination;
must not be published, or must not be published except in a way, and to people, that the examiner specifies.
(11) The examiner must give the direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been, or may be, charged with an offence.
(12) Subject to subsection (13), the CEO may, in writing, vary or revoke a direction under subsection (10).
(13) The CEO must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.
(14) If—
(a) a person has been charged with an offence before a federal court or before an ACT court; and
(b) the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, in relation to which the examiner has given a direction under subsection (10) be made available to the person or to a legal practitioner representing the person;
the court may give the examiner or CEO a certificate to that effect and, if the court does so, the examiner or the CEO, as the case may be, must make the evidence available to the court.
(15) If—
(a) the examiner or CEO makes evidence available to a court in accordance with subsection (14); and
(b) the court, after examining the evidence, is satisfied that the interests of justice so require;
the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person.
(16) A person commits an offence if—
(a) an examiner makes a direction under subsection (10); and
(b) the person publishes something that contravenes the direction; and
(c) the person makes the publication reckless about whether the publication contravenes the direction.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(17) At the conclusion of an examination held by an examiner, the examiner must give the head of the special ACC operation/investigation—
(a) a record of the proceedings of the examination; and
(b) any documents or other things given to the examiner at, or in relation to, the examination.
(18) In this section:
"publish" includes state and otherwise communicate.