Document ID: chunk:federal_register_of_legislation:C2004C01298:clause:1_12
Version: federal_register_of_legislation:C2004C01298
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 8462–10980

12  Subsections 30(4) to (11)
Repeal the subsections, substitute:

Use immunity available in some cases if self‑incrimination claimed

 (4) Subsection (5) limits the use that can be made of any answers given at a hearing before the Authority, or documents or things produced at a hearing before the Authority. That subsection only applies if:
 (a) a person appearing as a witness at a hearing before the Authority:
 (i) answers a question that he or she is required to answer by the member presiding at the hearing; or
 (ii) produces a document or thing that he or she was required to produce by a summons under this Act served on him or her as prescribed; and
 (b) in the case of the production of a document that is, or forms part of, a record of an existing or past business—the document sets out details of earnings received by the person in respect of his or her employment and does not set out any other information; and
 (c) before answering the question or producing the document or thing, the person claims that the answer, or the production of the document or thing, might tend to incriminate the person or make the person liable to a penalty.

 (5) The answer, or the document or thing, is not admissible in evidence against the person in:
 (a) a criminal proceeding; or
 (b) a proceeding for the imposition of a penalty;
other than a proceeding in respect of:
 (c) in the case of an answer—the falsity of the answer; or
 (d) in the case of the production of a document—the falsity of any statement contained in the document.

Offence for contravention of subsection (1), (2) or (3)

 (6) A person who contravenes subsection (1), (2) or (3) is guilty of an indictable offence that, subject to this section, is punishable, upon conviction, by a fine not exceeding $20,000 or imprisonment for a period not exceeding 5 years.

 (7) Notwithstanding that an offence against subsection (1), (2) or (3) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

 (8) Where, in accordance with subsection (7), a court of summary jurisdiction convicts a person of an offence against subsection (1), (2) or (3), the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 1 year.

Legal professional privilege

 (9) Subsection (3) does not affect the law relating to legal professional privilege.