Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:9_110zhf
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 9 cl 110ZHF
Character Range: 522262–524176

110ZHF  Self‑incrimination
 (1) An individual is not excused from giving information, evidence or a statement, or producing a document or thing, under section 110ZGC on the ground that giving the information, evidence or statement, or producing the document or thing, 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) Subsection (1) does not apply if:
 (a) giving the information, evidence or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence; and
 (b) the individual has been charged with that offence; and
 (c) the charge has not been finally dealt with by a court or otherwise disposed of.
 (3) However:
 (a) the information, evidence or statement given or document or thing produced; and
 (b) the giving of the information, evidence or a statement, or the production of the document or thing;
are not admissible in evidence against the individual in any criminal proceedings, other than:
 (c) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part; or
 (d) proceedings for an offence against Part III of the Crimes Act 1914 that relates to this Part; or
 (e) proceedings for an offence against this Part.
 (4) 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, evidence or a statement, or producing a document or thing under section 110ZGC or 110ZGE, the individual is not excused from giving the information, evidence or statement or producing the document or thing under those provisions on that ground.
Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.

Subdivision B—Witness protections etc.