Document ID: chunk:federal_register_of_legislation:C2023C00156:section:40a
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 40A
Character Range: 102684–103618

40A  Self‑incrimination
 (1) If an AFP appointee is required under section 39 or 40 to give information, answer a question or produce a document, he or she is not excused from giving the information, answering the question or producing the document on the ground that the information, the answer to the question or the production of the document might tend to incriminate him or her or make him or her liable to a penalty.
 (2) However, any information or answer so given or any document so produced is not admissible in evidence against the AFP appointee in any proceedings.
 (3) Subsection (2) does not apply to any information or answer so given, or any document so produced, that is relevant to conducting a test under section 40M or 40N (about testing for alcohol or prohibited drugs)
Note: Section 40Q deals with the admissibility of such information etc.

Division 2—Conferral of status of member and conferral of commissions