Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:8_154r
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 8 cl 154R
Character Range: 140078–141243

154R  Answering of questions or producing evidential material

 (1) If a search warrant in relation to premises is being executed, the executing officer or an officer assisting may:
 (a) require a person at the premises to answer questions or produce evidential material to which the warrant relates; and
 (b) seize that evidential material.

 (2) A person commits an offence if the person fails to comply with a requirement under subsection (1).

Penalty: 30 penalty units.

Self‑incrimination is no excuse

 (3) An individual is not excused from answering a question or producing evidential material on the ground that the answer, or the production of the material, might tend to incriminate the individual or make the individual liable to a penalty.

 (4) However, the answer is not admissible in evidence against the individual in any criminal proceedings, or in any proceedings that would expose the person to a penalty, other than:
 (a) proceedings for an offence against subsection (2); or
 (b) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part.

Subdivision E—General provisions relating to seizure