New South Wales Consolidated Acts

NEW SOUTH WALES CRIME COMMISSION ACT 1985 - SECT 19

19 Applications to Supreme Court

(1) Where:

(a) a person claims to be entitled to refuse to furnish information or produce a document that the person is required to furnish or produce pursuant to a notice under section 10,

(c) a person claims to be entitled to refuse to answer a question put to the person, or to produce a document that the person was required to produce, at a hearing before the Commission,

the Commission shall decide as soon as practicable whether in its opinion the claim is justified and notify the person of its decision.

(2) If the person is dissatisfied with the decision, the person may apply to the Supreme Court for an order of review in respect of the decision.

(3) Where the Commission decides that a claim by a person that the person is entitled to refuse to produce a document is not justified, the person is not entitled to make an application to the Supreme Court under subsection (2) in respect of the decision unless the person has produced the document to the Commission or placed the document in the custody of the appropriate officer of that Court, and, where the person has so produced the document and makes such an application, the Commission shall cause the document to be placed in the custody of the appropriate officer of that Court.

(4) On an application for an order of review in respect of a decision of the Commission under subsection (1), the Supreme Court may, in its discretion, make an order:

(a) affirming the decision, or

(b) setting aside the decision.

(5) If the Supreme Court makes an order under subsection (4) setting aside a decision by the Commission that a claim by a person that the person was entitled to refuse to produce a document is not justified, the Supreme Court must make a further order directing that the document be delivered to the person.

(6) A prosecution for an offence under section 17 or 18 shall not be commenced in respect of a refusal or failure by a person to produce a document or answer a question:

(a) if the person has claimed to be entitled to refuse to produce the document or answer the question, as the case may be, and the Commission decides that, in its opinion, the claim is not justified-until the expiration of the period of 5 days (excluding days on which the appropriate Registry of the Supreme Court is closed) immediately after the Commission has notified the person of the decision, or

(b) if the person has made an application to the Supreme Court under subsection (2) for an order of review in respect of a decision by the Commission that, in its opinion, a claim by the person to be entitled to refuse to produce the document or answer the question is not justified-until the application and any appeal from an order made by the Supreme Court on the application have been determined or otherwise disposed of.

(7) An order of the Supreme Court under subsection (4) is, subject to any appeal from that order, conclusive for the purposes of any other proceedings.

(13) An application by a person under subsection (2) must:

(a) be made in such manner as is prescribed by rules of court, and

(b) set out the grounds of the application, and

(c) be lodged with the appropriate Registry of the Supreme Court within the period of 5 days (excluding days on which the Registry is closed) immediately after the date on which the Commission notified the person of the decision to which the application relates.

(14) The Supreme Court has jurisdiction with respect to matters arising under this section.

(15) In this section, unless the contrary intention appears:
"appropriate officer" means the officer of the Supreme Court prescribed by rules of court as the appropriate officer for the purposes of this section.
"appropriate Registry" means the Registry of the Supreme Court prescribed by rules of court as the appropriate Registry for the purposes of this section.
"document" includes any thing.

(16) Where a decision of the Commission under subsection (1) relates to 2 or more questions, or to 2 or more documents, the decision shall, to the extent to which it relates to a particular question or document, be deemed, for the purposes of this Act, to constitute a separate decision relating to that question or document only.