Document ID: chunk:federal_register_of_legislation:C2021A00032:clause:7_8
Version: federal_register_of_legislation:C2021A00032
Segment Type: clause
Provision Reference: sch 7 cl 8
Character Range: 130239–132026

8  Subsections 52(14) and (15)
Repeal the subsections, substitute:

Self‑incrimination etc.
 (14) Despite section 47 of the Regulatory Powers Act, an individual is not excused from answering a question, or producing a document, under subsection 54(3) of that Act, as Part 3 of that Act applies in relation to this Act, on the ground that answering the question, or producing the document, might tend to incriminate the individual in relation to an offence.
Note: A body corporate is not entitled to claim the privilege against self‑incrimination.
 (15) However:
 (a) the answer given or document produced; and
 (b) the answering of the question or the production of the document; and
 (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document;
are not admissible in evidence against the individual in criminal proceedings, other than proceedings for an offence against:
 (d) section 137.1 or 137.2 of the Criminal Code (which deals with false or misleading information or documents) that relates to this Act; or
 (e) section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act.
 (15A) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to answering a question, or producing a document, under subsection 54(3) of the Regulatory Powers Act, as Part 3 of that Act applies in relation to this Act, the individual is not excused from answering the question or producing the document under that subsection on that ground.
Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.