New South Wales Consolidated Acts

RAIL SAFETY ACT 2008 - SECT 159

159 Protection from incrimination

(1) Self-incrimination not an excuse A person is not excused from a requirement under Division 2 of Part 4 or Part 5 to make a statement, to give or furnish information, to answer a question or to produce a document on the ground that the statement, information, answer or document might incriminate the person or make the person liable to a penalty.

(2) Statement, information or answer not admissible if objection made However, any statement made or any information or answer given or furnished by a natural person in compliance with a requirement under this Act is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under Part 5 or section 126 or in respect of false information) 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 at an appropriate time that the person may object to making the statement or giving or furnishing the information or answer on the ground that it might incriminate the person.

(3) Appropriate time for giving warning about incrimination An "appropriate time" for warning a person as referred to in subsection (2) (b) is any of the following times:

(a) the time when the requirement to make the statement or to give or furnish the answer or information is made,

(b) in the case of evidence required to be given when appearing before a rail safety officer or other person, any time after the start of the appearance before the rail safety officer or person,

(c) at or about the time immediately before the person makes the statement or gives or furnishes the answer or information.

(4) Documents admissible Any document produced by a person in compliance with a requirement under Division 2 of Part 4 or Part 5 is not inadmissible in evidence against the person in criminal proceedings on the ground that the document might incriminate the person.

(5) Further information Further information obtained as a result of a document produced, a statement made or information or an answer given or furnished in compliance with a requirement under Division 2 of Part 4 or Part 5 is not inadmissible on the ground:

(a) that the document, statement, information or answer had to be produced, made, given or furnished, or

(b) that the document, statement, information or answer might incriminate the person.