Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 590AAA

590AAA Noncompliance with direction about disclosure

(1) If it appears to the court that a person (the
"directed person" ) has not complied with a direction given under section 590AA (2) (ba) , the court may order the directed person to file an affidavit, or give evidence in court, explaining and justifying the failure to comply.

(2) If the court requires the directed person to file an affidavit, a copy of the affidavit must be served on the person for whose benefit the direction was given (the
"affected person" ).

(3) An order under subsection (1) may be made—

(a) on the court’s own initiative; or

(b) on the application of the affected person.

(4) If the court is not satisfied the directed person’s affidavit or evidence satisfactorily explains and justifies the noncompliance, the court may—

(a) adjourn the proceeding to allow enough time for—

(i) the directed person to comply with the direction; and

(ii) the affected person to consider anything disclosed under the direction and take any necessary further action; and

(b) if the court is satisfied that the noncompliance was unjustified, unreasonable or deliberate—make, in relation to the adjournment, an award in favour of the affected person of an amount of costs the court considers just and reasonable; and

(c) if an award of costs is made under paragraph (b) —fix a time for the amount to be paid.

(5) This section does not limit the court’s power otherwise to deal with a failure to comply with a direction, including, for example, any power in the court to punish for contempt.

(6) The directed person is not excused from failing to file an affidavit or give evidence under this section on the ground that an affidavit or evidence explaining and justifying a failure to comply with the direction given under section 590AA (2) (ba) might tend to incriminate the directed person because the directed person would be required to admit to the failure to comply.

(7) However, the affidavit or evidence is not admissible against the directed person in a criminal proceeding or a proceeding for contempt.

(8) Subsection (7) does not stop the affidavit or evidence from being admissible against the person—

(a) in a perjury proceeding in relation to the affidavit or evidence; or

(b) for the purposes of making an order under subsection (4) .

(9) In this section—

"direction" includes ruling.

"perjury proceeding" , in relation to an affidavit or evidence, means a proceeding in which the falsity or misleading nature of the affidavit or evidence is relevant.