Commonwealth Consolidated Acts

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SURVEILLANCE DEVICES ACT 2004 - SECT 57

Ombudsman to be given information and access despite other laws

  (1)   Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty, but:

  (a)   the information, the answer, or the fact that the person has given access to the document, as the case may be; and

  (b)   any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;

is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section   45 or against Part   7.4 or 7.7 of the Criminal Code .

  (2)   Nothing in section   45 or any other law prevents an officer of an agency from:

  (a)   giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or

  (b)   giving access to a record of the agency to an inspecting officer;

for the purposes of an inspection under this Division of the agency's records.

  (3)   Nothing in section   45 or any other law prevents an officer of an agency from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection   (2).



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