Document ID: chunk:federal_register_of_legislation:C2024C00632:section:45ae
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 45AE
Character Range: 1021101–1022569

45AE  Self‑incrimination
 (1) An individual is not excused from giving information or producing a document under section 45AB on the ground that giving the information or producing the document 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 information given or document produced; and
 (b) the giving of the information or the production of the document; and
 (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information or the production of the document;
are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against:
 (d) subsection 45AC(1) or (2); or
 (e) subsection 45AD(1) or (2); or
 (f) section 137.1 or 137.2 of the Criminal Code in relation to giving the information or producing the document.
 (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 giving information or producing a document under section 45AB, the individual is not excused from giving the information or producing the document under that provision on that ground.
Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.

Division 3—Inspecting, copying and retaining documents