Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 255

    (1)     This section applies despite the Legislation Act, part 15.4 (Preservation of certain common law privileges) if a person is required to disclose anything in a confiscation proceeding, by an order under this Act, or otherwise under this Act.

    (2)     The person is not excused from the disclosure because—

        (a)     the disclosure might tend to incriminate the person or make the person liable to a penalty, or the person's property liable to forfeiture, under this Act or another Territory law; or

        (b)     the disclosure would be in breach of an obligation (whether imposed by law or otherwise) of the person not to make the disclosure.

Example—legal professional privilege

A person is not excused from disclosing a document because to do so would be in breach of an obligation by a lawyer to a client not to disclose the existence or contents of the document.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     However, the disclosure is inadmissible against the person making the disclosure in a civil or criminal proceeding except—

        (a)     in a criminal proceeding in relation to giving false or misleading documents, information or testimony; or

        (b)     in a proceeding on an application under this Act; or

        (c)     in a proceeding for an additional order under section 39 or 250 in relation to another confiscation proceeding under this Act; or

        (d)     in a proceeding for enforcement of a confiscation forfeiture order, an automatic forfeiture or a penalty order; or

        (e)     for a document—in a civil proceeding in relation to a right or liability it gives or imposes.

    (4)     An action does not lie against a person because of the disclosure if it is in breach of an obligation the person would otherwise have (whether imposed by law or applying otherwise).

    (5)     In this section:

"disclosure", by a person, includes—

        (a)     the person answering a question or giving testimony or information to someone else; and

        (b)     the person giving or producing a statement, document or anything else to someone else.

Example of disclosure

giving information about the nature or location of property held by anyone