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OMBUDSMAN ACT 2001 - SECT 44 Application of Criminal Code

OMBUDSMAN ACT 2001 - SECT 44

Application of Criminal Code

44 Application of Criminal Code

(1) The Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 (
"identified provisions" ) apply, with necessary changes, to investigations under this Act.
(2) Without limiting subsection (1) , for applying the identified provisions to an investigation—
(a) the investigation is a judicial proceeding; and
(b) the ombudsman is the holder of a judicial office; and
(c) a reference to judicial capacity is a reference to capacity as ombudsman; and
(d) a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and
(e) a reference to a witness is a reference to a person from whom the ombudsman may obtain information; and
(f) a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and
(g) a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and
(h) a reference to a tribunal is a reference to the ombudsman.