Queensland Consolidated Acts

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OMBUDSMAN ACT 2001 - SECT 44

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.


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