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COMMONWEALTHAct
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s 44

Self‑incrimination etc

In force
Part 4Obtaining, using and protecting information
Division 2Power to require information

44 Self‑incrimination etc

(1)

An individual is not excused from giving information, producing a document or answering a question under this Division on the ground that doing so might tend to incriminate the individual in relation to an offence.

Note:

A body corporate is not entitled to claim the privilege against self‑incrimination.

(2)

However:

(a)

the information given, document produced or answer given; and

(b)

the giving of the information, the production of the document or the answering of the question; and

(c)

any information, document or thing obtained as a direct or indirect consequence of the giving of the information, the production of the document or the answering of the question;

are not admissible in evidence against the individual in criminal proceedings, other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (about false or misleading information or documents) that relates to this Division.

(3)

If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to giving information, producing a document or answering a question under this Division, the individual is not excused from doing so under this Division on that ground.

Note:

A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.

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