Australian Capital Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TOBACCO ACT 1927 - SECT 38

Provision of information under s 37 (f)—claim of privilege

    (1)     This section applies if an authorised officer requires a person to provide information, or to answer questions, under section 37 (f) (ii) or (iii).

    (2)     Before the person provides the information, or answers the questions, the officer must—

        (a)     produce his or her identity card; and

        (b)     tell the person that he or she need not comply with the requirement in relation to any information in respect of which he or she is entitled to claim, and does claim, legal professional privilege, or privilege against selfincrimination.

Note     The Legislation Act 2001 , s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

    (3)     The officer must ask the person to sign a written acknowledgment of—

        (a)     the fact that the person has been told that he or she need not comply with the requirement in relation to any information in respect of which he or she is entitled to claim, and does claim, legal professional privilege or privilege against selfincrimination; and

        (b)     the fact that the person has, or has not, claimed legal professional privilege, or privilege against selfincrimination, in relation to information specified in the acknowledgment; and

        (c)     the date and time when the requirement was made.

    (4)     In proceedings for this Act, evidence obtained as a result of the requirement is inadmissible unless an acknowledgment under subsection (3) is produced in evidence.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]