Document ID: chunk:federal_register_of_legislation:C2004A00601:clause:1_40a
Version: federal_register_of_legislation:C2004A00601
Segment Type: clause
Provision Reference: sch 1 cl 40A
Character Range: 32896–33980

40A  Self‑incrimination

 (1) If an AFP employee or a special member is required under section 39 or 40 to give information, answer a question or produce a document, he or she is not excused from giving the information, answering the question or producing the document on the ground that the information, the answer to the question or the production of the document might tend to incriminate him or her or make him or her liable to a penalty.

 (2) However, any information or answer so given or any document so produced is not admissible in evidence against the employee or special member in any proceedings, other than proceedings for a disciplinary offence under the Australian Federal Police (Discipline) Regulations.

 (3) Subsection (2) does not apply to any information or answer so given, or any document so produced, that is relevant to conducting a test under section 40M or 40N (about testing for alcohol or prohibited drugs)

Note: Section 40Q deals with the admissibility of such information etc.

Division 2—Conferral of status of member and conferral of commissions