Document ID: chunk:federal_register_of_legislation:C2008A00159:clause:1_140y
Version: federal_register_of_legislation:C2008A00159
Segment Type: clause
Provision Reference: sch 1 cl 140Y
Character Range: 28656–30697

140Y  Requirement to produce a document or thing

 (1) If a document or thing is produced to an inspector in accordance with a request under section 140X, the inspector:
 (a) may take possession of, and may make copies of, the document or thing, or take extracts from the document; and
 (b) may retain the document or thing for such period as is necessary for the purpose of exercising powers as an inspector.

 (2) While an inspector retains a document or thing, the inspector must allow a person otherwise entitled to possession of the document or thing (or a person authorised by the person) to do the following at all reasonable times:
 (a) inspect the document or view the thing;
 (b) make copies of the document or thing;
 (c) take extracts from the document.

Giving notices requiring production of a document

 (3) A notice referred to in paragraph 140X(2)(c) must be given to the person by one of the methods specified in section 494B. For the purposes of this subsection:
 (a) a reference in section 494B or 494C to the Minister is instead taken to be a reference to the inspector; and
 (b) despite subsections 494B(2) and (3), an inspector must not act by way of an authorised officer; and
 (c) subsection 494B(6) does not apply.

Self‑incrimination

 (4) A person is not excused from:
 (a) giving information; or
 (b) producing a document or thing;
when requested or required to do so under section 140X on the ground that doing so would tend to incriminate the person or expose the person to a penalty.

 (5) However, in the case of an individual:
 (a) the information given; or
 (b) the production of the document or thing; or
 (c) any information, document or thing obtained as a direct or indirect consequence of the producing of the information, document or thing;
is not admissible in evidence in criminal proceedings against the individual, except proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) in relation to the information or document.