(c) to produce any document
or other thing in the witness's custody or control which the witness is
required by the summons or by the person presiding to produce.
(2) A witness
summoned to attend or appearing before the Commission at a
compulsory examination or public inquiry is not excused from answering any
question or producing any document or other thing on the ground that the
answer or production may incriminate or tend to incriminate the witness, or on
any other ground of privilege, or on the ground of a duty of secrecy or other
restriction on disclosure, or on any other ground.
(3) An answer made, or
document or other thing produced, by a witness at a compulsory examination or
public inquiry before the Commission or in accordance with a direction given
by a Commissioner under section 35 (4A) is not (except as otherwise provided
in this section or section 114A (5)) admissible in evidence against the person
in any civil or criminal proceedings or in any disciplinary proceedings.
(4)
Nothing in this section makes inadmissible--
(a) any answer, document or other
thing in proceedings for an offence against this Act or in proceedings for
contempt under this Act, or
(b) any answer, document or other thing in any
civil or criminal proceedings or in any disciplinary proceedings if the
witness does not object to giving the answer or producing the document or
other thing irrespective of the provisions of subsection (2), or
(c) any
document in any civil proceedings for or in respect of any right or liability
conferred or imposed by the document or other thing.
(5) Where--
(a) an
Australian legal practitioner or other person is required to answer a question
or produce a document or other thing at a compulsory examination or
public inquiry before the Commission or in accordance with a direction given
by a Commissioner under section 35 (4A), and
(b) the answer to the question
would disclose, or the document or other thing contains, a privileged
communication passing between an Australian legal practitioner (in his or her
capacity as an Australian legal practitioner) and a person for the purpose of
providing or receiving legal professional services in relation to the
appearance, or reasonably anticipated appearance, of a person at a
compulsory examination or public inquiry before the Commission,
the Australian
legal practitioner or other person is entitled to refuse to comply with the
requirement, unless the privilege is waived by a person having authority to do
so.