Protection against self-incrimination
35 Protection against self-incrimination
A person may refuse or fail to give information, produce documents or answer questions that the person is required to give, produce or answer under this Division on the ground that giving the information, producing the documents or answering the questions would tend to incriminate the person or make the person liable to a penalty.
Subsection (1) does not excuse the person from giving information, producing documents or answering questions that the person is required under this Division to give, produce or answer on the ground that giving the information, producing the documents or answering the questions would tend to incriminate the person in respect of an offence against this Act.
However, information given, documents produced or questions answered by a person as required under this Division are not admissible in evidence against the person in any proceeding in respect of an offence against this Act.
Note
Subsection (3) does not extend to offences in other Acts or at common law, such as perjury.
This Act’s bill:Explanatory memorandumSecond reading speech
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