QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.40Privilege—examination order
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### sec.40 Privilege—examination order
A person examined under an examination order is not excused from answering a question, or from producing a document or other thing, on the ground that—
answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or
producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or
answering the question or producing the document would disclose information that is the subject of legal professional privilege.
A statement or disclosure made by a person in answer to a question asked in an examination under an examination order, or a document or other thing produced in the examination, is not admissible against the person in any civil or criminal proceeding, other than—
a proceeding about the false or misleading nature of the statement or disclosure; or
a proceeding on an application under this Act; or
a proceeding for the enforcement of a confiscation order; or
for a document or other thing, a proceeding about a right or liability it confers or imposes.
(sec.40-ssec.1) A person examined under an examination order is not excused from answering a question, or from producing a document or other thing, on the ground that— answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or answering the question or producing the document would disclose information that is the subject of legal professional privilege.
(sec.40-ssec.2) A statement or disclosure made by a person in answer to a question asked in an examination under an examination order, or a document or other thing produced in the examination, is not admissible against the person in any civil or criminal proceeding, other than— a proceeding about the false or misleading nature of the statement or disclosure; or a proceeding on an application under this Act; or a proceeding for the enforcement of a confiscation order; or for a document or other thing, a proceeding about a right or liability it confers or imposes.
- (a) answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or
- (b) producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or
- (c) answering the question or producing the document would disclose information that is the subject of legal professional privilege.
- (a) a proceeding about the false or misleading nature of the statement or disclosure; or
- (b) a proceeding on an application under this Act; or
- (c) a proceeding for the enforcement of a confiscation order; or
- (d) for a document or other thing, a proceeding about a right or liability it confers or imposes.