CONFISCATION ACT 1997 - SECT 106 Effect of production orders on proceedings etc.

CONFISCATION ACT 1997 - SECT 106

    (1)     A person is not excused from producing or making available a document when required to do so by a production order on the ground that to do so—

        (a)     might tend to incriminate the person or make the person liable to a penalty; or

S. 106(1)(b) amended by No. 43/1998

s. 29(1).

        (b)     would be in breach of an obligation by a legal practitioner to a client not to disclose the existence or contents of the document; or

S. 106(1)(c) inserted by No. 43/1998

s. 29(1).

        (c)     would be in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of the document.

S. 106(2) amended by No. 43/1998

s. 29(2).

    (2)     If a person produces or makes available a document under a production order—

        (a)     the production or making available of the document; or

        (b)     any information, document or thing obtained as a direct or indirect consequence of the production or making available of the document—

is not admissible against the person or another person to whom the person owes the obligation referred to in paragraph (b) or (c) of subsection (1) in any criminal proceedings other than proceedings for an offence against section 108.

    (3)     An action, suit or proceeding does not lie against a person who, in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of a document, produces or makes available the document when required to do so by a production order.