Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 590F

590F Subject matter for disclosure obligation direction

(1) A disclosure obligation direction may provide for any of the following—

(a) whether a party to a proceeding has a disclosure obligation in relation to another party to the proceeding;

(b) requiring that a particular thing must be disclosed;

(c) allowing the court to inspect a particular thing to decide whether the court should further direct that a party has a disclosure obligation in relation to the thing;

(d) allowing the court to examine the arresting officer to decide whether the prosecution has a disclosure obligation in relation to a particular thing;

(e) requiring that the arresting officer file an affidavit to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing;

(f) allowing the accused person or a lawyer acting for the accused person to cross-examine the arresting officer on an affidavit mentioned in paragraph (e) to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing;

(g) how a disclosure obligation is to be complied with in a particular case;

(h) setting a timetable for compliance with a disclosure obligation.

(2) Subsection (1) does not limit section 590AA (2) (ba) .

(3) The court may make a disclosure obligation direction on the conditions, whether about the circumstances of disclosure or otherwise, it considers appropriate.

(4) If a date is set for the commencement of the hearing of evidence in the proceeding, any examination or cross-examination allowed for in a disclosure obligation direction must be conducted before that date.

(5) If a person is examined by the court as provided for in subsection (1) (d) , required to file an affidavit as provided for in subsection (1) (e) or cross-examined as provided for in subsection (1) (f) , the person is not excused from failing to answer a question or file an affidavit on the ground that the answer or affidavit might tend to incriminate the person because the person would be required to admit to a failure to comply with a disclosure obligation.

(6) However, the answer or affidavit is not admissible against the person in a criminal proceeding, other than a perjury proceeding in relation to the answer or affidavit.

(7) In this section—

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