Document ID: chunk:federal_register_of_legislation:C2024A00121:section:142
Version: federal_register_of_legislation:C2024A00121
Segment Type: section
Provision Reference: s 142
Character Range: 164909–166453

142  Privilege against self‑incrimination and self‑exposure to a penalty
 (1) An individual is not excused from giving information or evidence or producing a document or copy under this Division on the ground that giving the information or evidence or producing the document or copy might tend to incriminate the individual in relation to an offence.
Note: A body corporate is not entitled to claim the privilege against self‑incrimination.
 (2) However:
 (a) the information or evidence given or document or copy produced; and
 (b) the giving of the information or evidence or the production of the document or copy; and
 (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information or evidence or the production of the document or copy;
are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against section 138 of this Act or section 137.1 or 137.2 of the Criminal Code that relates to this Act.
 (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to giving information or evidence or producing a document or copy under this Division, the individual is not excused from giving the information or evidence or producing the document or copy under those provisions on that ground.
Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.

Division 3—Civil penalties