Document ID: chunk:federal_register_of_legislation:C2024C00612:section:30:p2
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 30 (pt 2/2)
Character Range: 151961–154312

or forms part of, a record of an existing or past business—the document sets out details of earnings received by the person in respect of his or her employment and does not set out any other information; and
 (c) before answering the question or producing the document or thing, the person claims that the answer, or the production of the document or thing, might tend to incriminate the person or make the person liable to a penalty.
 (5) The answer, document or thing is not admissible in evidence against the person in:
 (a) a criminal proceeding; or
 (b) a proceeding for the imposition of a penalty; or
 (c) a confiscation proceeding.
 (5A) Subsection (5) does not affect whether the answer, document or thing is admissible in evidence against the person in:
 (a) a confiscation proceeding, if the answer was given, or the document or thing was produced, at the examination at a time when the proceeding had not commenced and is not imminent; or
 (b) a proceeding about:
 (i) in the case of an answer—the falsity of the answer; or
 (ii) in the case of the production of a document—the falsity of any statement contained in the document.
Note: For paragraph (a), the court may order otherwise (see subsection 25H(4)).
 (5B) Subsection (5A) does not, by implication, affect the admissibility or relevance of the answer, document or thing for any other purpose.

Offence for contravention of subsection (1), (2) or (3)
 (6) A person who contravenes subsection (1), (2) or (3) commits an indictable offence that, subject to this section, is punishable, upon conviction, by a fine not exceeding 200 penalty units or imprisonment for a period not exceeding 5 years.
 (7) Notwithstanding that an offence against subsection (1), (2) or (3) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
 (8) Where, in accordance with subsection (7), a court of summary jurisdiction convicts a person of an offence against subsection (1), (2) or (3), the penalty that the court may impose is a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 1 year.

Legal professional privilege
 (9) Subsection (3) does not affect the law relating to legal professional privilege.