New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 13A

13A Privilege against self-incrimination

(1) A person being examined under section 12 is not excused from answering any question, or from producing any document or other thing, on the ground that the answer or production might incriminate, or tend to incriminate, the person or make the person liable to forfeiture or penalty.

(2) However, any answer given or document produced by a natural person being examined under section 12 is not admissible in criminal proceedings (except proceedings for an offence under this Act or the regulations) if:

(a) the person objected at the time of answering the question or producing the document on the ground that the answer or document might incriminate the person, or

(b) the person was not advised that the person might object on the ground that the answer or document might incriminate the person.

(3) Further information obtained as a result of an answer being given or the production of a document in an examination under section 12 is not inadmissible in criminal proceedings on the ground:

(a) that the answer had to be given or the document had to be produced, or

(b) that the answer given or document produced might incriminate the person.

(4) A person directed by an order under section 12 to furnish a statement to the Public Trustee or the Commission is not excused from:

(a) furnishing the statement, or

(b) setting out particulars in the statement,

on the ground that the statement or particulars might incriminate, or tend to incriminate, the person or make the person liable to forfeiture or penalty.

(5) If a person furnishes a statement to the Public Trustee or the Commission in accordance with an order under section 12, the statement is not admissible against the person in any criminal proceedings except proceedings in respect of the false or misleading nature of the statement.