Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_79a
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 79A
Character Range: 194723–196216

79A  Exclusion of privilege against self incrimination in certain circumstances

Person not entitled to refuse to give information or documents under certain provisions of the Act

 (1) A person is not entitled to refuse to answer a question, give information or produce a document that he or she is required to answer, give or produce by or under section 27A, 27B or 28 or subsection 70(2) or 70AA(3) on the ground that the answer, the information or the production of the document, as the case may be, might tend to incriminate him or her.

Use derivative‑use indemnity applies to information or documents

 (2) However, any answer or information so given or the production of such a document, and any information or thing (including any document) obtained as a direct or indirect result of the giving of the answer or information or the production of the document, is not admissible in evidence against the person in:
 (a) any criminal proceedings other than a proceeding for an offence against subsection 27A(6) or (7), 27B(5) or (6), 28(8) or (9) or 74C(4); or
 (b) any civil proceedings.

Privilege not otherwise affected

 (3) Except as provided by subsection (1), nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document or thing, on the ground that the answer to the question, the information, or the production of the document or thing, might tend to incriminate him or her or make him or her liable to a penalty.