Document ID: chunk:federal_register_of_legislation:C2025C00176:section:124:p5
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 124 (pt 5/6)
Character Range: 441457–444155

notwithstanding that the answer to the question may tend to incriminate the person.
 (2AA) Subject to subsection (2B), the power to make regulations for the purposes of paragraph (1)(h) includes the power to make regulations requiring a person appearing as a witness before the Inspector‑General ADF to answer a question even if the answer to the question may tend to incriminate the person.
 (2AB) Subject to subsection (2B), the power to make regulations for the purposes of subsection 110P(3) includes the power to make regulations requiring a person appearing as a witness before a person appointed under section 110P to answer a question even if the answer to the question may tend to incriminate the first‑mentioned person.
 (2B) Subsection (2A) does not authorise the making of a regulation containing a requirement referred to in the subsection concerned where the answer to the question may tend to incriminate the person in respect of an offence with which the person has been charged and in respect of which the charge has not been finally dealt with by a court or otherwise disposed of.
 (2C) A statement or disclosure made by a witness in the course of giving evidence before an inquiry, established (however described) under regulations made for the purposes of paragraph (1)(gc), is not admissible in evidence against that witness in:
 (a) any civil or criminal proceedings in any federal court or court of a State or Territory; or
 (b) proceedings before a service tribunal;
otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the inquiry.
 (2CA) If a witness makes a statement or disclosure in the course of giving evidence before the Inspector‑General ADF or a person appointed under section 110P:
 (a) the statement or disclosure; and
 (b) the making of the statement or disclosure; and
 (c) any information, document or thing obtained as a direct or indirect consequence of making the statement or disclosure;
are not admissible in evidence against the witness in:
 (d) any civil or criminal proceedings in any federal court or court of a State or Territory; or
 (e) proceedings before a service tribunal;
other than in proceedings by way of a prosecution for giving false testimony at the hearing before the Inspector‑General ADF or person appointed under section 110P.
 (3) For the purposes of paragraphs (1)(qb), (qba), (qe) and (qf) and for the purposes of subsection (2):
 (a) a member of the Defence Force shall be deemed to be on service while he or she is a prisoner of war or interned in a place outside Australia; and
 (b) a person, not being a member of the Defence Force, who accompanies a part of the Defence Force