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CORONERS ACT 2003 - SECT 39 Incriminating evidence

CORONERS ACT 2003 - SECT 39

Incriminating evidence

39 Incriminating evidence

(1) This section applies if a witness refuses to give oral evidence at an inquest because the evidence would tend to incriminate the person.
(2) The coroner may require the witness to give evidence that would tend to incriminate the witness if the coroner is satisfied that it is in the public interest for the witness to do so.
(3) The evidence is not admissible against the witness in any other proceeding, other than a proceeding for perjury.
(4) Derivative evidence is not admissible against the witness in a criminal proceeding.
(5) In this section—


"derivative evidence" means any information, document or other evidence obtained as a direct or indirect result of the evidence given by the witness.


"proceeding for perjury" means a criminal proceeding in which the false or misleading nature of the evidence is in question.