98Privilege against self‑incrimination and penalty privilege

98 Privilege against self‑incrimination and penalty privilege

(1) An individual is not excused from answering a question, giving information or producing a document under this Part on the ground that doing so might tend to incriminate the individual in relation to an offence.

Note: A body corporate is not entitled to claim the privilege against self‑incrimination.

(2) However: (a) the answer or information given or document produced; and (b) the giving of the answer or information or the production of the document; and (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the answer or information or the production of the document; is not admissible in evidence against the individual in criminal proceedings, other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part. (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to answering a question, giving information or producing a document, under this Part, the individual is not excused from answering the question, giving the information or producing the document under this Part on that ground.

Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.