Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:154
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 154
Character Range: 154633–156552

154  Privilege against self‑incrimination
 (1) This section applies if an individual is required to answer a question, give information or produce a document or other thing under any of the following provisions:
 (a) section 80 (Owner and operator of boat to provide information about lifejackets);
 (b) section 83 (Owner and operator of boat information about safety equipment);
 (c) section 110 ( Obligation to give information when involved in boating accident);
 (d) section 111 (Obligation to report boating accidents to Minister);
 (e) section 118 (Safety investigator may require people to give information, produce documents or answer questions);
 (f) section 136 (Requiring information after boarding);
 (g) section 137 (Master may be required to answer questions);
 (h) section 138 (Master may be required to produce records);
 (i) section 139 (Requirement to provide information about owner or master of boat).
 (2) The individual is not excused from answering the question, giving the information or producing the document or other thing on the ground that doing so 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.
 (3) However:
 (a) the answer given, information given or document or other thing produced; and
 (b) the answering of the question, giving of the information or production of the document or other thing; and
 (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question, giving of the information or production of the document or other thing;
are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against a section mentioned in subsection (1) or an offence against section 137.1 or 137.2 of the Criminal Code that relates to a section mentioned in subsection (1).