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ROYAL COMMISSIONS ACT 1902 - SECT 6A Self incrimination

ROYAL COMMISSIONS ACT 1902 - SECT 6A

Self incrimination

  (1)   It is not a reasonable excuse for the purposes of subsection   3(2B) or (5), or section   6AB, for a natural person to refuse or fail to produce a document or other thing on the ground that the production of the document or other thing might tend to:

  (a)   incriminate the person; or

  (b)   make the person liable to a penalty.

  (1A)   It is not a reasonable excuse for the purposes of subsection   3(6B) for a natural person to refuse or fail to give information or a statement that the person is required to give under subsection   2(3C) on the ground that giving the information or statement might tend to:

  (a)   incriminate the person; or

  (b)   make the person liable to a penalty.

  (2)   A natural person is not excused from answering a question that the person is required to answer by a member of a Commission on the ground that answering the question might tend to:

  (a)   incriminate the person; or

  (b)   make the person liable to a penalty.

  (3)   Subsections   (1), (1A) and (2) do not apply to the production of a document or other thing, the answer to a question or the giving of information or a statement if:

  (a)   the production, answer, information or statement might tend to incriminate the person in relation to an offence; and

  (b)   the person has been charged with that offence; and

  (c)   the charge has not been finally dealt with by a court or otherwise disposed of.

  (4)   Subsections   (1), (1A) and (2) do not apply to the production of a document or other thing, the answer to a question or the giving of information or a statement if:

  (a)   the production, answer, information or statement might tend to make the person liable to a penalty; and

  (b)   proceedings in respect of the penalty have commenced; and

  (c)   those proceedings have not been finally dealt with by a court or otherwise disposed of.