Document ID: chunk:federal_register_of_legislation:C2023A00055:section:51
Version: federal_register_of_legislation:C2023A00055
Segment Type: section
Provision Reference: s 51
Character Range: 57650–59273

51  Privilege against self‑incrimination and penalty privilege
 (1) An individual is not excused from giving information, producing a document or thing or answering a question under subsection 44(2) on the ground that giving the information, producing the document or thing or answering the question 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.
 (2) However:
 (a) the information given, document or thing produced or answer given; and
 (b) the giving of the information, the production of the document or thing or the answering of the question; and
 (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information, the production of the document or thing or the answering of the question;
are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) that relates to section 44.
 (3) 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 giving information, producing a document or thing or answering a question under subsection 44(2), the individual is not excused from giving the information, producing the document or thing or answering the question under that provision on that ground.
Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.