Document ID: chunk:federal_register_of_legislation:C2004A00894:clause:1_6a
Version: federal_register_of_legislation:C2004A00894
Segment Type: clause
Provision Reference: sch 1 cl 6A
Character Range: 5202–6511

6A  Self incrimination

 (1) It is not a reasonable excuse for the purposes of subsection 3(2B) or (5) for a natural person to refuse or fail to produce a document or other thing that the production of the document or other thing might tend to:
 (a) incriminate the person; or
 (b) make the person liable to a penalty.

 (2) A natural person is not excused from answering a question that the person is required to answer by a member of a Commission on the ground that answering the question might tend to:
 (a) incriminate the person; or
 (b) make the person liable to a penalty.

 (3) Subsections (1) and (2) do not apply to the production of a document or other thing, or the answer to a question, if:
 (a) the production or answer might tend to incriminate the person in relation to an offence; and
 (b) the person has been charged with that offence; and
 (c) the charge has not been finally dealt with by a court or otherwise disposed of.

 (4) Subsections (1) and (2) do not apply to the production of a document or other thing, or the answer to a question, if:
 (a) the production or answer might tend to make the person liable to a penalty; and
 (b) proceedings in respect of the penalty have commenced; and
 (c) those proceedings have not been finally dealt with by a court or otherwise disposed of.