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Coal Mining Safety and Health Act 1999
sec.159Use of particular evidence in proceedings
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### sec.159 Use of particular evidence in proceedings
Subsection (2) applies in relation to any answer given by an individual in response to a requirement under section 139 (3) (g) or 157 (1) .
Neither the answer nor any information, document or other thing obtained as a direct or indirect result of the answer is admissible in any proceeding against the individual, other than a proceeding in which the falsity or misleading nature of the answer is relevant.
If a document, produced under a document production requirement, is the personal property of an individual of whom the requirement is made and the document might incriminate the individual or make the individual liable to a penalty—
the document is admissible in a proceeding against the individual for an offence under this Act; but
neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.
s 159 amd 2007 No. 46 s 241 sch
sub 2011 No. 2 s 17
(sec.159-ssec.1) Subsection (2) applies in relation to any answer given by an individual in response to a requirement under section 139 (3) (g) or 157 (1) .
(sec.159-ssec.2) Neither the answer nor any information, document or other thing obtained as a direct or indirect result of the answer is admissible in any proceeding against the individual, other than a proceeding in which the falsity or misleading nature of the answer is relevant.
(sec.159-ssec.3) If a document, produced under a document production requirement, is the personal property of an individual of whom the requirement is made and the document might incriminate the individual or make the individual liable to a penalty— the document is admissible in a proceeding against the individual for an offence under this Act; but neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.
- (a) the document is admissible in a proceeding against the individual for an offence under this Act; but
- (b) neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.