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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 114

Public interest grounds

  (1)   A person is not excused from giving an answer or information, or producing a document or thing, as required by a direction to produce, a notice to produce, or at a hearing, on the ground that doing so:

  (a)   would disclose legal advice given to a person; or

  (b)   would disclose a communication that is protected against disclosure by legal professional privilege; or

  (c)   would breach a secrecy provision (other than an exempt secrecy provision); or

  (d)   would be otherwise contrary to the public interest.

  (2)   Subsection   (1) does not apply in relation to advice or a communication that concerns:

  (a)   a person's compliance with:

  (i)   a direction to produce; or

  (ii)   a notice to produce; or

  (b)   a person's attendance, or reasonably anticipated attendance, at a hearing.

  (3)   Paragraph   (1)(a) does not apply in relation to legal advice given for the purposes of, or in the course of, a person's work as a journalist in a professional capacity.

  (4)   Paragraph   (1)(b) does not apply in relation to a communication made for the purposes of, or in the course of, a person's work as a journalist in a professional capacity.

  (5)   The fact that a person is not excused under subsection   (1) from answering a question or giving information, or producing a document or thing, does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that answer, information, document or thing.

  (6)   A person does not commit an offence, and is not liable to any penalty, under the provisions of any other enactment because the person:

  (a)   gives information, or produces a document or thing, as required by:

  (i)   a direction to produce; or

  (ii)   a notice to produce; or

  (b)   gives an answer or information, or produces a document or thing, as required at a hearing.



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