New South Wales Consolidated Acts

NEW SOUTH WALES CRIME COMMISSION ACT 1985 - SECT 17A

17A Refusal or failure of person to produce document or thing

(1) This section applies if a person is required to produce a document or thing to a member of the Commission or member of the staff of the Commission in accordance with a notice under section 17.

(2) A person may not claim that he or she is entitled to refuse or fail to produce the document or thing unless the claim is made personally to the member of the Commission or member of staff of the Commission to whom the person is required to produce the document or thing by the notice under section 17.

(3) If the person makes such a claim the member of the Commission or member of staff of the Commission is to inform the person that, if the document or thing is not produced:

(a) he or she will be served with a summons requiring the person to appear as a witness at a hearing before the Commission and to produce the document or thing, and

(b) the document or thing will be required to be deposited with the Commission so that it may be sealed and kept in safe custody pending the hearing.

(4) If the document or thing is not produced after the person is so informed:

(a) a member of the Commission is to summon the person (in accordance with section 16) to appear as a witness at a hearing before the Commission and to produce the document or thing, and

(b) the person must deposit the document or thing with the Commission.

(5) The Commission is to cause the document or thing to be sealed immediately after it is deposited with the Commission and is to retain it in safe custody pending the hearing.