Section 39 of the Major Crime (Investigative Powers) Act 2004 (Vic) must be read as including derivative use immunity: evidence that could not have been obtained, or the significance of which could not have been appreciated, but for the compelled testimony of a witness, is not admissible against that witness. The Crown bears the onus of establishing that derivative evidence is admissible, though the accused must first point to a 'plausible connection' between the compelled testimony and the evidence. The residual discretion of a trial judge to exclude evidence is insufficient to protect the Charter rights against self-incrimination; the immunity must be recognised at the investigative stage.
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