MINING ACT 1992 - SECT 248T
Provisions relating to requirements to furnish records or information or answer questions
MINING ACT 1992 - SECT 248T
Provisions relating to requirements to furnish records or information or answer questions
248T Provisions relating to requirements to furnish records or information or
answer questions
(1) Warning to be given on each occasion A person is not guilty of an offence
of failing to comply with a requirement under this Part to furnish records or
information or to answer a question unless the person was warned on that
occasion that a failure to comply is an offence.
(2) Self-incrimination not
an excuse A person is not excused from a requirement under this Part to
furnish 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.
(3) Information or answer not admissible if objection
made However, any information furnished or answer given by a natural person in
compliance with a requirement under this Part is not admissible in evidence
against the person in criminal proceedings (except proceedings for an offence
under this Part) if--
(a) the person objected at the time to doing so on the
ground that it might incriminate the person, or
(b) the person was not warned
on that occasion that the person may object to furnishing the information or
giving the answer on the ground that it might incriminate the person.
(4)
Records admissible Any record furnished by a person in compliance with a
requirement under this Part is not inadmissible in evidence against the person
in criminal proceedings on the ground that the record might incriminate the
person.
(5) Further information Further information obtained as a result of a
record or information furnished or of an answer given in compliance with a
requirement under this Part is not inadmissible on the ground--
(a) that the
record or information had to be furnished or the answer had to be given, or
(b) that the record or information furnished or answer given might incriminate
the person.
(6) Section extends to requirement to state name and address This
section extends to a requirement under this Part to state a person's name and
address.