New South Wales Repealed Acts

This legislation has been repealed.

NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT 1984 - SECT 21

21 Applications to Federal Court of Australia

(1) Where:

(a) a person claims to be entitled to refuse to produce a document that the person is required to produce pursuant to a notice under section 18, or

(b) a person claims to be entitled to refuse to answer a question put to the person, or to produce a document that the person was required to produce, at a hearing before the Authority,

the Authority shall decide as soon as practicable whether in its opinion the claim is justified and notify the person of its decision.

(6) A prosecution for an offence under section 18 or 19 shall not be commenced in respect of a refusal or failure by a person to produce a document or answer a question:

(a) if the person has claimed to be entitled to refuse to produce the document or answer the question, as the case may be, and the Authority decides that, in its opinion, the claim is not justified--until the expiration of the period of 5 days (excluding days on which the Registry of the Federal Court is closed) immediately after the relevant day in relation to the decision, or

(b) if the person has made an application to the Federal Court under section 32 (2) of the Commonwealth Act (as it has effect because of section 32B of that Act) for an order of review in respect of a decision by the Authority that, in its opinion, a claim by the person to be entitled to refuse to produce the document or answer the question is not justified--until the application, and any appeal from an order made by the Federal Court on the application, have been determined or otherwise disposed of.

(12) A prosecution for an offence under section 18 or 19 shall not be commenced in respect of a refusal or failure by a person to produce a document:

(a) if the person has given to the Authority in accordance with section 32 (8A) of the Commonwealth Act (as it has effect because of section 32B of that Act) a notice relating to the document--until the expiration of the period of 5 days (excluding days on which the Registry of the Federal Court is closed) immediately after the relevant day in relation to the notice, or

(b) if the person has made an application under section 32 (8) of the Commonwealth Act (as it has effect because of section 32B of that Act) in relation to the document--until the application, and any appeal from an order made by the Federal Court on the application, have been determined or otherwise disposed of.

(15) In this section, unless the contrary intention appears:
"document" includes any thing.
"prescribed notice" means a notice stating as mentioned in section 32A (2) (c) of the Commonwealth Act.
"relevant day" means:

(a) in relation to a decision of the Authority under subsection (1)--the day on which the Authority gives to the person to whom the decision relates a prescribed notice relating to the decision.