Document ID: chunk:federal_register_of_legislation:F2018L00316:reg:38
Version: federal_register_of_legislation:F2018L00316
Segment Type: reg
Provision Reference: reg 38
Character Range: 35731–36656

38  Self‑incrimination
 (1) An individual appearing as a witness at a hearing of a Commission, or attending as a witness before a COI assistant of a Commission, is not excused from answering a question, when required to do so, on the ground that the answer to the question might tend to incriminate the individual.
Note: Subsection 124(2C) of the Act provides that a statement or disclosure made by a witness in the course of giving evidence before an inquiry under this instrument is not admissible in evidence against the witness other than in proceedings relating to the giving of false testimony.
 (2) Despite subsection (1), an individual is not required to answer a question if the answer to the question might tend to incriminate the individual in respect of an offence with which the individual has been charged and in respect of which the charge has not been finally dealt with by a court or otherwise disposed of.