Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p162
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 162/175)
Character Range: 580669–583294

under section 453‑1 or 453‑5 has been made to produce a book, a person must not:
 (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of the book; or
 (b) if a book is in a particular State or Territory—engage in conduct that results in the taking or sending of the book out of that State or Territory or out of Australia.
Penalty: 200 penalty units or imprisonment for 5 years, or both.
 (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant did not intend to defeat the purposes of this Act.
Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).

461‑15  Self‑incrimination
 (1) For the purposes of Part 10‑3, it is not a reasonable excuse for a person to refuse or fail:
 (a) to give information; or
 (b) to produce a book;
in accordance with a requirement made of the person, that the information or production of the book, as the case may be, might tend to incriminate the person or make the person liable to a penalty.
 (2) Subsection (3) applies if:
 (a) before making an oral statement giving information in compliance with a requirement made under this Part or Part 10‑3, a person (other than a body corporate) claims that the statement might tend to incriminate the person or make the person liable to a penalty; and
 (b) the statement might in fact tend to incriminate the person or make the person so liable.
 (3) The statement 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 the falsity of the statement.

Part 10‑5—Protection for whistleblowers

Division 466—Which disclosures qualify for protection under this Part?

466‑1  Disclosures qualifying for protection
 (1) A disclosure of information by a person (the discloser) qualifies for protection under this Part if:
 (a) the discloser is:
 (i) an officer or contact person of an Aboriginal and Torres Strait Islander corporation; or
 (ii) an employee of an Aboriginal and Torres Strait Islander corporation; or
 (iii) a person who has a contract for the supply of services or goods to an Aboriginal and Torres Strait Islander corporation; or
 (iv) an employee of a person who has a contract for the supply of services or goods to an Aboriginal and Torres Strait Islander corporation; and
 (b) the disclosure is made to:
 (i) the Registrar; or
 (ii) the corporation's auditor or a member of an audit team conducting an audit of the corporation; or