62Self‑incrimination

62  Self‑incrimination

 (1) An individual is not excused from giving evidence, information or a statement, or producing a document or thing, under section 31 or 33 on the ground that giving the evidence, information or statement, or producing the document or thing, 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) Subsection (1) does not apply if:

 (a) giving the evidence, information or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence; and

 (b) the individual has been charged with that offence; and

 (c) the charge has not been finally dealt with by a court or otherwise disposed of.

 (3) However:

 (a) the evidence, information or statement given or document or thing produced; and

 (b) the giving of the evidence, information or a statement, or the production of the document or thing;

are not admissible in evidence against the individual in any criminal proceedings, or proceedings before a service tribunal (within the meaning of the Defence Force Discipline Act 1982), other than proceedings:

 (c) for an offence against Part III of the Crimes Act 1914 that relates to this Act; or

 (d) for an offence against the Defence Force Discipline Act 1982 that relates to this Act; or

 (e) for an offence against this Act.

 (4) 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 giving evidence, information or a statement, or producing a document or thing under section 31 or 33, the individual is not excused from giving the evidence, information or statement or producing the document or thing under those provisions on that ground.

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