Document ID: chunk:federal_register_of_legislation:C2023C00229:section:21
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 21
Character Range: 73312–74863

21  Limitation on use of evidence or assistance given by certain persons
 (1) Where:
 (a) a person is in Australia to give evidence in a proceeding:
 (i) because of a request under subsection 16(1); or
 (ii) because of a request (other than a request under that subsection) made by the Attorney‑General for international assistance in a criminal matter; and
 (b) the person has given evidence in the proceeding to which the request related or in a proceeding certified by the Attorney‑General under subparagraph 19(2)(b)(ii) in relation to the person;
that evidence shall not be admitted or otherwise used in any prosecution of the person for an offence against Australian law, other than the offence of perjury in relation to the giving of that evidence.
 (1A) If:
 (a) a person is in Australia to give assistance in relation to an investigation:
 (i) because of a request under subsection 16(2); or
 (ii) because of a request (other than a request under that subsection) made by the Attorney‑General for international assistance in a criminal matter; and
 (b) the person has given assistance in relation to the investigation to which the request related or in relation to an investigation certified by the Attorney‑General under subparagraph 19(2)(b)(iii) in relation to the person;
anything said or done by the person when giving the assistance is not to be admitted or otherwise used in any prosecution of the person for an offence against Australian law.
 (2) This section binds the Crown in right of the Commonwealth and of each of the States.