LOCAL GOVERNMENT ACT 1993 - SECT 434C
Self-incrimination
LOCAL GOVERNMENT ACT 1993 - SECT 434C
Self-incrimination
434C Self-incrimination
(1) A person is not excused from a requirement under
this Division to provide records or information or to answer a question on the
ground that the record, information or answer might incriminate the person or
make the person liable to a penalty.
(2) However, any information provided or
answer given by a natural person in compliance or in purported compliance with
a requirement under this Division is not admissible in evidence against the
person in criminal proceedings (except proceedings for an offence of failing
to comply with the requirement or of providing information that is false or
misleading) if the person objected at the time to doing so on the ground that
it might incriminate the person.
(3) Despite any such objection, any answer
or information may be used in connection with a public inquiry or an
investigation under this Division, or an investigation or the taking of
disciplinary action against the person under Division 3 of Part 1 of Chapter
14, and is admissible in proceedings under this Act relating to misconduct.
(4) Any record provided by a person in compliance with a requirement under
this Division is not inadmissible in evidence against the person in criminal
proceedings on the ground that the record might incriminate the person.
