Document ID: chunk:federal_register_of_legislation:C2024A00084:clause:1_82
Version: federal_register_of_legislation:C2024A00084
Segment Type: clause
Provision Reference: sch 1 cl 82
Character Range: 57576–59568

82  Privilege against self‑incrimination etc.
 (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question 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 declaration made, notice or information given, document produced or answer given; and
 (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and
 (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;
are not admissible in evidence against the individual in criminal proceedings, other than:
 (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or
 (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.
 (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:
 (a) making a declaration under section 13; or
 (b) giving a notice under section 18B or 18C; or
 (c) giving information or producing a document under section 18E, 18F or 31; or
 (d) answering a question under section 31;
the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.
Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.