INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 175 Admissibility of test result in certain proceedings

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 175

    (1)     Evidence derived from a sample obtained in accordance with a direction made under this Division is inadmissible in any proceeding in a court, tribunal or before a person or body authorised to hear and receive evidence.

    (2)     Subject to subsection (3), subsection (1) does not apply—

S. 175(2)(a) amended by No. 67/2013 s. 649(Sch. 9 item 19(3)).

        (a)     in a proceeding under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the injury in respect of which the proceeding was commenced; or

        (b)     in a prosecution under the Occupational Health and Safety Act 2004 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the occurrence of the act, matter or thing constituting the offence in respect of which the prosecution is brought; or

        (c)     in a proceeding arising out of, or connected with, a critical incident; or

        (d)     in a proceeding to the extent that the evidence is relevant to the defence of a person, other than the IBAC Officer who provided the sample, to rebut or support an allegation that the presence of alcohol or a drug of dependence affected the performance of the duties or the exercise of the powers of the IBAC Officer as an IBAC Officer; or

        (e)     to any disciplinary process or action against the IBAC Officer relating to the performance of the duties or the exercise of the powers of the IBAC Officer as an IBAC Officer under this Act.

    (3)     Subsection (2) does not apply to evidence derived from a sample obtained in accordance with a direction made under section 174(1) if the IBAC Officer from whom the sample was taken refuses to consent to the use of that evidence in the circumstances set out in section 174(2).

    (4)     In this section, "proceeding" includes a coronial inquest or inquiry.

S. 176 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)).