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.