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Enactment
|
Removes or preserves the privilege?
|
Expressly applies to documents?
|
Expressly extends to spouse?
|
Use immunity or transactional immunity provided?
|
Other comment?
|
Boilers, Lifts, and Cranes Act 1950
s 6
|
Preserves
|
No
|
No
|
|
|
Casino Control Act 1990
s 86
|
Preserves
|
No
|
No
|
|
Shall be informed of the right to refuse if answers would
incriminate.
|
Children, Young Persons, and Their Families Act 1989
s 62
|
Removes
|
Yes
|
No
|
Use immunity
|
Section 62 relates solely to the production of documents.
|
Commerce Act 1986
s 106
|
Removes
|
Yes
|
Yes
|
Use immunity
|
Evidence may be used in proceedings for perjury or
|
Companies Act 1955
s 241
|
Removes
|
No
|
No
|
Use immunity
|
|
Companies Act 1993
s 267
|
Removes
|
No
|
No
|
Use immunity
|
|
Customs Act 1966
s 297
|
Removes
|
Yes
|
No
|
Use immunity
|
Evidence may be used in proceedings for perjury or
|
Dangerous Goods Act 1974
s 23
|
Preserves
|
No
|
No
|
|
|
s 33
|
Preserves
|
No
|
No
|
|
|
Driftnet Prohibition Act 1991
s 13
|
Preserves
|
No
|
No
|
|
|
Electoral Act 1993
s 248
|
Removes
|
No
|
No
|
Use and transactional immunity
|
Certificate of indemnity available which gives a stay of
proceedings.
|
Electricity Act 1992
s 21
|
Preserves
|
No
|
No
|
|
Preservation limited to questions put under Part II of the Electricity
Act.
|
s 116
|
Removes
|
Yes
|
No
|
Use immunity
|
Evidence may be used in proceedings under s 116(2)(b) (supplying false
information).
|
Employment Contracts Act 1991
s 144
|
Preserves
|
No
|
No
|
|
|
Evidence Act 1908
s 4
|
Preserves
|
No
|
No
|
|
|
s 5
|
Removes
|
No
|
No
|
|
Recognises that an accused is not compellable, hence not compelled to
incriminate him/herself when questioned in court.
|
s 48D
|
Preserves
|
No
|
No
|
|
|
Explosives Act 1957
s 10
|
Preserves
|
No
|
No
|
|
|
s 51
|
Preserves
|
No
|
No
|
|
|
Films, Videos, and Publications Classification Act 1993
s 106
|
Preserves
|
No
|
No
|
|
Shall be informed of right to refuse if answers would incriminate.
|
Fisheries Act 1983
s 79
|
Preserves
|
No
|
No
|
|
Note, very wide questioning powers.
|
Fishing Vessel OwnershipSavings Act 1977
s 27
|
Preserves
|
Yes
|
No
|
|
|
Gaming and Lotteries Act 1977
s 135
|
Preserves
|
No
|
No
|
|
|
Gas Act 1992
s 22
|
Preserves
|
No
|
No
|
|
Preservation limited to questions put under Part II of the Gas Act.
|
s 49
|
Removes
|
Yes
|
No
|
Use immunity
|
Evidence may be used in proceedings under s 49(2)(b) (supplying false
|
Health and Safety in Employment Act 1992
s 31
|
Preserves
|
Yes
|
No
|
|
|
Home Ownership Savings Act 1974
s 16
|
Preserves
|
Yes
|
No
|
|
|
Hovercraft Act 1971
s 5
|
Preserves
|
Yes
|
No
|
|
|
Inland Revenue Department Act 1974
s 18
|
Removes
|
No
|
No
|
Use immunity
|
Evidence may be used in proceedings for perjury.
|
Insolvency Act 1967
s 70
|
Removes
|
No
|
No
|
Use immunity
|
Evidence may be used in proceedings for perjury or supplying false
information.
|
Legislature Act 1908
s 253
|
Removes
|
No
|
No
|
Use and transactional immunity
|
Transactional immunity available if Select Committee provides a
certificate. Evidence may be used in proceedings for perjury.
|
Machinery Act 1950
s 6
|
Preserves
|
No
|
No
|
|
|
Niue Act 1966
s 294
|
Preserves
|
No
|
No
|
|
|
Ozone Layer Protection Act 1990
s 37
|
Preserves
|
No
|
No
|
|
|
Petroleum Demand Restraint Act 1981
s 18
|
Preserves
|
No
|
Yes
|
|
|
Proceeds of Crime Act 1991
s 47
|
Removes
|
No
|
No
|
Limited use immunity
|
Evidence may be used in proceedings for supplying false information, or in
applications for restraining, forfeiture or pecuniary penalty orders.
|
s 72
|
Removes
|
Yes
|
No
|
Limited use immunity
|
Evidence may be used in proceedings for supplying false information, or in
applications for restraining, forfeiture or pecuniary penalty orders.
|
Road User Charge Act 1977
s 18B
|
Removes
|
No
|
No
|
Use immunity
|
Evidence may be used in proceedings for perjury. Use immunity expressly
applies to documents.
|
Secret Commissions Act 1910
s 15
|
Removes
|
Yes
|
No
|
Use immunity only in relation to Secret Commissions Act
|
Immunity is limited to prohibition against use of the answers or discovery
in proceedings for an offence under the Secret
|
Serious Fraud Office Act 1990
s 27
|
Removes
|
Yes
|
No
|
Limited use immunity
|
Answers or information may be used if inconsistent evidence is later
provided by the person, or in a proceeding for supplying false information. A
refusal to answer questions or supply information may be used as evidence. No
immunity in relation to documents produced.
|
Social Security Act 1964
s 11
|
Preserves
|
Yes
|
No
|
|
|
Takeovers Act 1995
s 11
|
Removes
|
Yes
|
Yes
|
Use immunity
|
Immunity limited to use in criminal proceedings.
|
Tax Administration Act 1994
s 18
|
Removes
|
No
|
No
|
Use immunity
|
Evidence may be used in proceedings for perjury.
|
s 19
|
Removes
|
Yes
|
No
|
Use immunity
|
Evidence may be used in proceedings for perjury.
|
Unit Trusts Act 1960
s 21
|
Removes
|
No
|
No
|
Use immunity
|
Evidence may be used in proceedings for perjury.
|
Weights and Measures Act 1987
s 29
|
Preserves
|
Yes
|
No
|
|
Shall be informed of the right to refuse if production would
incriminate.
|
Wheat Industries Research Levies Act 1989
s 22
|
Preserves
|
Yes
|
No
|
|
Shall be informed of the right to refuse if production
|
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