Provisions relating to requirements to furnish records, information or answer questions
340B Provisions relating to requirements to furnish records, information or answer questions
A person does not commit an offence or contravene a civil penalty provision of failing to comply with a requirement under this Part to furnish records or information or to answer a question unless the person was warned on that occasion that a failure to comply may be an offence or a contravention of a civil penalty provision.
A person is not excused from a requirement under this Part to furnish records or information or to answer a question on the ground that the record, information 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 or proceedings for a contravention of a civil penalty provision” (except proceedings for an offence or a contravention 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 furnishing 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 or proceedings for a contravention of a civil penalty provision on the ground that the record might incriminate the person.
Further information obtained as a result of a record or information furnished or of 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 section extends to a requirement under this Part to state a person’s name and address.
This Act’s bill:Explanatory memorandumSecond reading speech
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