Provisions relating to requirements to provide information or records or answer questions
34 Provisions relating to requirements to provide information or records or answer questions
A person is not guilty of an offence of failing to comply with a requirement under this Part to furnish information or records or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.
A person is not excused from a requirement under this Part to provide information or records or to answer a question on the ground that the information, record or answer might incriminate the person or make the person liable to a penalty.
However, any information furnished or answer given by a natural person in compliance with a requirement under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Part) if—
the person objected at the time to doing so on the ground that it might incriminate the person, or
the person was not warned on that occasion that the person may object to providing the information or giving the answer on the ground that it might incriminate the person.
Any record furnished by a person in compliance with a requirement under this Part is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.
Further information obtained as a result of a record or information furnished or an answer given in compliance with a requirement under this Part is not inadmissible on the ground—
that the record or information had to be furnished or the answer had to be given, or
that the record or information furnished or answer given might incriminate the person.
This Act’s bill:Explanatory memorandumSecond reading speech
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