Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_8:p3
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 8 (pt 3/5)
Character Range: 2090220–2092899

excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause (6)—see subsection 13.3(3) of the Criminal Code.
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).

False information
 (7) A person commits an offence if:
 (a) the person gives information to another person; and
 (b) the person does so knowing that the information is false or misleading in a material particular; and
 (c) the information is given in compliance or purported compliance with a requirement under this clause.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
Note: The same conduct may be an offence against both subclause (7) of this clause and section 137.1 of the Criminal Code.

Self‑incrimination
 (8) A person is not excused from answering a question or producing a document or thing when required to do so under subclause (1) or (3) on the ground that the answer to the question, or the production of the document or thing, may tend to incriminate the person or make the person liable to a penalty.
 (9) However, in the case of an individual:
 (a) the answer given or document or thing produced; or
 (b) answering the question or producing the document or thing; or
 (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document or thing;
is not admissible in evidence against the individual:
 (d) in any civil proceedings; or
 (e) in any criminal proceedings other than:
 (i) proceedings for an offence against this clause; or
 (ii) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this clause.

NOPSEMA inspector may retain documents
 (10) A NOPSEMA inspector may take possession of a document produced under this clause, and retain it for as long as is reasonably necessary.
 (11) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a NOPSEMA inspector to be a true copy.
 (12) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
 (13) Until a certified copy is supplied, a NOPSEMA inspector must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.

NOPSEMA inspector may retain other things
 (14) A NOPSEMA inspector may take possession of a thing (other than a document) produced under this clause, and retain it for as long as is