sec.197Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion

### sec.197 Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion This section applies if— before an individual answers a question put to the individual by the commission or a commission officer or produces a document or thing or a written statement of information to the commission or a commission officer, the individual claims self-incrimination privilege in relation to the answer or production; and apart from this Act, the individual would not be required to answer the question or produce the document, thing or statement in a proceeding if the individual claimed self-incrimination privilege in relation to the answer or production; and the individual is required to answer the question or produce the document, thing or statement; and for a document or thing produced—the document or thing is produced other than in the context of a corruption investigation. The answer, document, thing or statement given or produced is not admissible in evidence against the individual in any civil, criminal or administrative proceeding. However, the answer, document, thing or statement is admissible in a civil, criminal or administrative proceeding— with the individual’s consent; or if the proceeding is about— the falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or an offence against this Act; or a contempt of a person conducting the hearing; or if the proceeding is a proceeding, other than a proceeding for the prosecution of an offence, under the Confiscation Act and the answer, document, thing or statement is admissible under section 265 of that Act. Also, the document is admissible in a civil proceeding about a right or liability conferred or imposed by the document. In a commission hearing, the presiding officer may order that all answers or a class of answer given by an individual or that all documents or things or a class of document or thing produced by an individual is to be regarded as having been given or produced on objection by the individual. If the presiding officer makes an order under subsection (5) , the individual is taken to have objected to the giving of each answer, or to the producing of each document or thing, the subject of the order. Subsection (2) does not prevent any information, document or other thing obtained as a direct or indirect consequence of the individual giving or producing the answer, document, thing or statement from being admissible in evidence against the individual in a civil, criminal or administrative proceeding. s 197 amd 2002 No. 68 s 283 sch 3 ; 2006 No. 41 s 18 ; 2013 No. 45 s 27 ; 2013 No. 64 s 38 ; 2018 No. 29 s 18 ; 2024 No. 41 s 26 (sec.197-ssec.1) This section applies if— before an individual answers a question put to the individual by the commission or a commission officer or produces a document or thing or a written statement of information to the commission or a commission officer, the individual claims self-incrimination privilege in relation to the answer or production; and apart from this Act, the individual would not be required to answer the question or produce the document, thing or statement in a proceeding if the individual claimed self-incrimination privilege in relation to the answer or production; and the individual is required to answer the question or produce the document, thing or statement; and for a document or thing produced—the document or thing is produced other than in the context of a corruption investigation. (sec.197-ssec.2) The answer, document, thing or statement given or produced is not admissible in evidence against the individual in any civil, criminal or administrative proceeding. (sec.197-ssec.3) However, the answer, document, thing or statement is admissible in a civil, criminal or administrative proceeding— with the individual’s consent; or if the proceeding is about— the falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or an offence against this Act; or a contempt of a person conducting the hearing; or if the proceeding is a proceeding, other than a proceeding for the prosecution of an offence, under the Confiscation Act and the answer, document, thing or statement is admissible under section 265 of that Act. (sec.197-ssec.4) Also, the document is admissible in a civil proceeding about a right or liability conferred or imposed by the document. (sec.197-ssec.5) In a commission hearing, the presiding officer may order that all answers or a class of answer given by an individual or that all documents or things or a class of document or thing produced by an individual is to be regarded as having been given or produced on objection by the individual. (sec.197-ssec.6) If the presiding officer makes an order under subsection (5) , the individual is taken to have objected to the giving of each answer, or to the producing of each document or thing, the subject of the order. (sec.197-ssec.7) Subsection (2) does not prevent any information, document or other thing obtained as a direct or indirect consequence of the individual giving or producing the answer, document, thing or statement from being admissible in evidence against the individual in a civil, criminal or administrative proceeding. - (a) before an individual answers a question put to the individual by the commission or a commission officer or produces a document or thing or a written statement of information to the commission or a commission officer, the individual claims self-incrimination privilege in relation to the answer or production; and - (b) apart from this Act, the individual would not be required to answer the question or produce the document, thing or statement in a proceeding if the individual claimed self-incrimination privilege in relation to the answer or production; and - (c) the individual is required to answer the question or produce the document, thing or statement; and - (d) for a document or thing produced—the document or thing is produced other than in the context of a corruption investigation. - (a) with the individual’s consent; or - (b) if the proceeding is about— (i) the falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or (ii) an offence against this Act; or (iii) a contempt of a person conducting the hearing; or - (i) the falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or - (ii) an offence against this Act; or - (iii) a contempt of a person conducting the hearing; or - (c) if the proceeding is a proceeding, other than a proceeding for the prosecution of an offence, under the Confiscation Act and the answer, document, thing or statement is admissible under section 265 of that Act. - (i) the falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or - (ii) an offence against this Act; or - (iii) a contempt of a person conducting the hearing; or