ENVIRONMENT PROTECTION ACT 1993 - SECT 98

ENVIRONMENT PROTECTION ACT 1993 - SECT 98

98—Admissibility in evidence of information

        (1)         A person is required to furnish information in compliance with—

            (a)         an information discovery order; or

            (b)         a condition of an environmental authorisation,

despite the fact that such compliance might tend to incriminate the person or make the person liable to a penalty.

        (2)         If compliance by a prescribed person with an information discovery order or a condition of an environmental authorisation might tend to incriminate the person or make the person liable to a penalty, then—

            (a)         in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or information (as distinct from the contents of the document or the information); or

            (b)         in any other case—the information furnished in compliance with the requirement,

is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).