Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:2_26
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 2 cl 26
Character Range: 69207–70478

26  Subsection 96(4)
Repeal the subsection, substitute:
 (4) The answer given, or the document or thing produced, is not admissible in evidence against the person in:
 (a) a criminal proceeding; or
 (b) a proceeding for the imposition or recovery of a penalty; or
 (c) a confiscation proceeding.
 (4A) Subsection (4) does not affect whether the answer, document or thing is admissible in evidence against the person in:
 (a) a confiscation proceeding, if the answer was given, or the document or thing was produced, at a time when the proceeding had not commenced and is not imminent; or
 (b) a proceeding for an offence against section 77B, 92, 93 or 94; or
 (c) a proceeding for an offence against section 137.1 or 137.2 of the Criminal Code (about false or misleading information or documents) that relates to this Act; or
 (d) a disciplinary proceeding against the person if the person is a staff member of a law enforcement agency; or
 (e) a proceeding relating to an application for a person to be dealt with for being in contempt of ACLEI.
Note: For paragraph (a), the court may order otherwise (see subsection 96AG(4)).
 (4B) Subsection (4A) does not, by implication, affect the admissibility or relevance of the answer, document or thing for any other purpose.