Document ID: chunk:federal_register_of_legislation:C2006A00003:clause:1_51so
Version: federal_register_of_legislation:C2006A00003
Segment Type: clause
Provision Reference: sch 1 cl 51SO
Character Range: 28792–30448

51SO  Power to require person to answer questions or produce documents

 (1) A member of the Defence Force who is being utilised in accordance with section 51D may, in connection with the exercise of any power under this Division, require a person to answer a question put by the member or to produce a particular document to the member.

 (2) However, the member may do so only if the member believes on reasonable grounds that it is necessary for the purpose of preserving the life or safety of other persons or to protect Commonwealth interests against the threat concerned.

 (3) A person commits an offence if:
 (a) the person is required to answer a question or produce a document under this section; and
 (b) the person fails to comply with the requirement.

Penalty: 30 penalty units.

Self‑incrimination

 (4) A person is not excused from answering a question or producing a document under this section on the ground that the answer to the question, or the production of the document, may tend to incriminate the person or make the person liable to a penalty.

 (5) However:
 (a) the answer given or document produced; or
 (b) answering the question or producing the document; or
 (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document;
is not admissible in evidence against the person in criminal proceedings other than:
 (d) proceedings for an offence against subsection (3); or
 (e) proceedings 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 section.