Self‑incrimination
63HG Self‑incrimination
A person is not excused from giving information or evidence, producing a document or answering a question under this Division on the ground that doing so might tend to incriminate the person.
However, in the case of an individual:
any information, evidence or answer given or document produced; or
the giving of the information or evidence, the production of the document or the answering of the question; or
any information, document or thing obtained as a direct or indirect consequence of the giving of the information or evidence, the production of the document or the answering of the question;
is not admissible in evidence against the individual:
in civil proceedings for the recovery of a penalty, other than proceedings for the recovery of a penalty under section 63HF; or
in criminal proceedings, other than:
proceedings for an offence against section 63HF; or
proceedings for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Division.
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 or evidence, producing a document or answering a question under this Division, the individual is not excused from giving the information or evidence, producing the document or answering the question under this Division on that ground.
A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.
This Act’s bill:Explanatory memorandumSecond reading speech
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