Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 295

Self‑incrimination

In force
Volume 1Chapters 1 to 6 (sections 1 to 322)
Chapter 4Remedies
Part 4-2Power of the court to grant remedies
Division 2Power of the court to grant remedies

295 Self‑incrimination

(1)

For the purposes of this Chapter, it is not a reasonable excuse for a person to refuse or fail:

(a)

to give information; or

(b)

to sign a record; or

(c)

to produce a book;

in accordance with a requirement made of the person, that the information, signing the record or production of the book, as the case may be, might tend to incriminate the person or make the person liable to a penalty.

(2)

Subsection (3) applies if:

(a)

before:

(i)

making an oral statement giving information; or

(ii)

signing a record;

pursuant to a requirement made under this Chapter, a person (other than a body corporate) claims that the statement, or signing the record, as the case may be, might tend to incriminate the person or make the person liable to a penalty; and

(b)

the statement, or signing the record, as the case may be, might in fact tend to incriminate the person or make the person so liable.

(3)

The statement, or the fact that the person has signed the record, as the case may be, is not admissible in evidence against the person in:

(a)

criminal proceedings; or

(b)

proceedings for the imposition of a penalty;

other than proceedings in relation to:

(c)

in the case of the making of a statement—the falsity of the statement; or

(d)

in the case of the signing of a record—the falsity of any statement contained in the record.

Research tools for this sectionSubscription

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.