Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 39

Privilege against self-incrimination abrogated

39. Privilege against self-incrimination abrogated



(1) A person is not excused from answering a question or giving information at
an examination, or from producing a document or other thing at an examination
or in accordance with a witness summons, on the ground that the answer to the
question, the information, or the production of the document or other thing,
might tend to incriminate the person or make the person liable to a penalty.

(2) Subsection (3) limits the use that can be made of any answers given at an
examination before the Chief Examiner, or documents or other things produced
at an examination before the Chief Examiner or in accordance with a witness
summons.

(3) The answer, or the document or other thing, is not admissible in evidence
against the person in-

   (a)  a criminal proceeding; or

   (b)  a proceeding for the imposition of a penalty-

other than-

   (c)  proceedings in respect of an offence against this Act; or

   (d)  proceedings under the Confiscation Act 1997; or

   (e)  a proceeding in respect of-

   (i)  in the case of an answer, the falsity of the answer; or

   (ii) in the case of the production of a document, the falsity of any
        statement contained in the document.