132Australian Criminal Intelligence Commission Bill 2026 No. , 2026

132 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Use immunity1 (3) However, despite subsections (1) and (2), each of the following is2 not admissible in evidence against the individual in proceedings3 referred to in subsection (4):4 (a) the answer or information given, or the document or thing5 produced;6 (b) the giving of the answer or information, or the production of7 the document or thing.8 (4) The proceedings are:9 (a) a criminal proceeding; or10 (b) a confiscation proceeding, if the answer or information was11 given, or the document or thing was produced, at a time12 when the proceeding had commenced or was imminent.13 (5) Subsection (3) does not:14 (a) apply to the production of a document that is, or forms part15 of, a record of an existing or past business; or16 (b) affect whether the answer, information, document or thing is17 admissible in evidence against the individual in:18 (i) a proceeding under this Act for contempt of the ACIC;19 (ii) a proceeding for an offence against this Part, other than20 an offence against section 81, 93 or 97;21 (iii) a proceeding for an offence against section 137.1 or22 137.2 of the Criminal Code (about false or misleading23 information or documents) that relates to a notice to24 produce or an examination;25 (iv) a proceeding for an offence against section 144.1 or26 145.1 of the Criminal Code (about forgery) that relates27 to a notice to produce or an examination;28 (v) a proceeding for an offence against section 149.1 of the29 Criminal Code (about obstruction of Commonwealth30 public officials) that relates to this Act.31 Privileges and protections Division 6 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 133 Admissibility or relevance of answer etc. not otherwise affected1 (6) Paragraph (5)(b) does not, by implication, affect the admissibility2 or relevance of the answer, information, document or thing for any3 other purpose.4