39AProtection against self-incrimination—information gathering notices under section 36(1)

39A Protection against self-incrimination—information gathering notices under section 36(1) (1) It is a reasonable excuse for a natural person to refuse or fail to provide information, in compliance with an information gathering notice under section 36(1), if the provision of the information would tend to incriminate the person or expose the person to a penalty. (2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce, in compliance with an information gathering notice under section 36(1), if the production of the document would tend to incriminate the person or expose the person to a penalty. (3) It is not a reasonable excuse for a body corporate to refuse or fail to provide information or produce a document, in compliance with an information gathering notice under section 36(1), if the provision of the information or production of the document would tend to incriminate the body corporate or expose the body corporate to a penalty. (4) Any information given or document produced by a natural person or body corporate in compliance with an information gathering notice under section 36(1) is not admissible as evidence against that natural person or body corporate in any proceeding, other than in— (a) a proceeding arising out of the false or misleading nature of the information or document; or (b) a review under Part 7B; or (c) a proceeding for a monetary benefits order under section 61B. S. 39B inserted by No. 41/2021 s. 5.