Section 162 Federal Competition and Consumer Protection Act 2018
Section 162 of the Federal Competition and Consumer Protection Act 2018 is about Civil or criminal proceedings in respect of any action of the Commission. It is under Part XVIII (Miscellaneous Provisions) of the Act.
(1) No proceedings, civil or criminal, shall lie against the Commission for anything it may do or fail to do in the course of the performance or intended performance of its functions, unless it is shown that the Commission acted without reasonable care or in bad faith.
(2) No civil proceedings shall lie against any member of the Commission, or any officer or employee of the Commission, for anything that member, officer or employee may do or say or fail to do or say in the course of carrying out of the functions of the Commission, unless it is shown that the person acted without reasonable care or in bad faith.
(3) A person shall not be excused from-
(a) complying with any requirement to furnish information, produce documents, or give evidence under this Act;
(b) appearing before the Commission;
(c) answering any question or producing any document, on the ground that to do so might tend to incriminate that person or another person.
(4) Except as may be required under any law, rule or regulation, no court or person is entitled to require any member of the Commission, or any officer or employee of the Commission or any other person present at any meeting of the Commission, to divulge or communicate any information furnished or obtained, documents produced, obtained or tendered, or evidence given, in connection with the functions of the Commission.
(5) Anything said, or information furnished, or document produced or tendered, or evidence given by any person to the Commission shall be privileged in the same manner as if that statement, information, document, or evidence were made, furnished, produced, or given in proceedings in a court.
