NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 25 Hearings

NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 25

25. (1) For the purposes of a special investigation the Authority may hold
hearings.

(2) At a hearing, the Authority may be constituted by one or more members or
acting members.

(3) Subject to sub-section (2), section 46 applies, so far as it is capable of
application, at a hearing before the Authority as if the hearing were a
meeting of the Authority.

(4) At a hearing before the Authority-

   (a)  a person giving evidence may be represented by a legal practitioner;
        and

   (b)  if, by reason of the existence of special circumstances, the Authority
        consents to a person who is not giving evidence being represented by a
        legal practitioner-the person may be so represented.

(5) A hearing before the Authority shall be held in private and the Authority
may give directions as to the persons who may be present during the hearing or
a part of the hearing.

(6) Nothing in a direction given by the Authority under sub-section (5)
prevents the presence, when evidence is being taken at a hearing before the
Authority, of-

   (a)  a person representing the person giving evidence; or

   (b)  a person representing, pursuant to sub-section (4), a person who, by
        reason of a direction given by the Authority under sub-section (5), is
        entitled to be present.

(7) Where a hearing before the Authority is being held, a person (other than a
member or an acting member, counsel assisting the Authority in relation to the
matter that is the subject of the hearing or a member of the staff of the
Authority approved by the Authority) shall not be present at the hearing
unless the person is entitled to be present by virtue of a direction given by
the Authority under sub-section (5) or by virtue of sub-section (6).

(8) At a hearing before the Authority for the purposes of a special
investigation-

   (a)  counsel assisting the Authority generally or in relation to the matter
        to which the investigation relates;

   (b)  any person authorized by the Authority to appear before it at the
        hearing; or

   (c)  any legal practitioner representing a person at the hearing pursuant
        to sub-section (4), may, so far as the Authority thinks appropriate,
        examine or cross-examine any witness on any matter that the Authority
        considers relevant to the special investigation.

(9) The Authority may direct that-

   (a)  any evidence given before it;

   (b)  the contents of any document, or a description of any thing, produced
        to the Authority or seized pursuant to a warrant issued under
        section 22;

   (c)  any information that might enable a person who has given evidence
        before the Authority to be identified; or

   (d)  the fact that any person has given or may be about to give evidence at
        a hearing, shall not be published, or shall not be published except in
        such manner, and to such persons, as the Authority specifies, and the
        Authority shall give such a direction if the failure to do so might
        prejudice the safety or reputation of a person or prejudice the fair
        trial of a person who has been or may be charged with an offence.

(10) Where-

   (a)  a person has been charged with an offence before a federal court or
        before a court of a State or Territory; and

   (b)  the court considers that it may be desirable in the interests of
        justice that particular evidence given before the Authority, being
        evidence in relation to which the Authority has given a direction
        under sub-section (9), be made available to the person or to a
        legal practitioner representing the person, the court may give to the
        Authority a certificate to that effect and, if the court does so, the
        Authority shall make the evidence available to the court.

(11) Where-

   (a)  the Authority makes evidence available to a court in accordance with
        sub-section (10); and

   (b)  the court, after examining the evidence, is satisfied that the
        interests of justice so require, the court may make the evidence
        available to the person charged with the offence concerned or to a
        legal practitioner representing the person.

(12) A person who-

   (a)  is present at a hearing in contravention of sub-section (7); or

   (b)  makes a publication in contravention of a direction given under
        sub-section (9), is guilty of an offence punishable, upon summary
        conviction, by a fine not exceeding $2,000 or imprisonment for a
        period not exceeding 12 months.