164DSelf-incrimination [NSW]

164D Self-incrimination [NSW]

164D Self-incrimination [NSW]

(1) A person is not excused from answering a question asked by an authorised person under this Division on the ground the answer might tend to incriminate the person.

(2) However, information furnished by an individual in answering a question asked by an authorised person under this Division is not admissible against the individual in criminal proceedings (except proceedings for an offence against section 164C) if—

(a) the individual objected at the time of doing so on the ground it might incriminate the individual; or

(b) the individual was not warned on that occasion that the individual may object to furnishing the information on the ground it might incriminate the individual.

(3) A person is not excused from producing a record to an authorised person under this Division on the ground the record might tend to incriminate the person, and the record is not inadmissible in evidence against the person in criminal proceedings on the ground the record might incriminate the person.

Note.

Section 187 of the Evidence Act 1995 provides that the privilege against self-incrimination does not apply to bodies corporate.