Page:Organised Crime Act 2015.pdf/42

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ORGANISED CRIME
43


copy of the notice to some conspicuous part of the place in which the person to be served with the notice ordinarily resides, and in such a case, the notice, if the court so directs before or after such affixing, is deemed to have been duly served.

Restrictions relating to other written law, etc.

30. Except as provided in section 26(2), an OCPO or FRO may not require a person to answer any question, provide any information or produce any document if—

(a) the disclosure concerned is prohibited under any other written law; or
(b) the information or document is an item subject to legal privilege.

Restrictions on use of information obtained

31. A statement made by a person in response to a requirement imposed by an OCPO or FRO may not be used in evidence against the person in any criminal proceedings unless the statement—

(a) is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act (Cap. 97); or
(b) is used in proceedings for an offence under section 26.

Division 4—Variation and discharge of OCPO or FRO

Variation of OCPO or FRO

32.—(1) An application for the variation of an OCPO or FRO under this section may be made by the following persons to the court which first made the OCPO or FRO:

(a) the Public Prosecutor;
(b) the person who is the subject of the OCPO or FRO;
(c) any other person.

(2) A court may, on an application under this section by the Public Prosecutor, vary an OCPO or FRO if it has reasonable grounds to