90Privilege against self-incrimination abrogated

90 Privilege against self-incrimination abrogated

(1) A person is not excused from producing a document or other thing in accordance with a requirement under section 69(1) or a search warrant under section 84, on the ground that the production of the document or other thing might tend to incriminate the person or make the person liable to a penalty.

(2) A person is not excused from answering a question or giving information or from producing a document or other thing in accordance with a witness summons, on the ground that the answer to the question, the information, or the production of the document or other thing, might tend to incriminate the person or make the person liable to a penalty.

(3) Any answer, information, document or thing that might tend to incriminate the person or make the person liable to a penalty is not admissible in evidence against the person before any court or person acting judicially, except in proceedings for—

(a) perjury or giving false information; or

(b) an offence against this Act; or

S. 90(3)(c) amended by No. 31/2024 s. 113(Sch. 1 item 18.16).

(c) an offence against the Independent Broad‑based Anti-corruption Commission Act 2011 or the Integrity Oversight Victoria Act 2011; or

S. 90(3)(d) amended by No. 2/2019 s. 99.

(d) an offence against section 72 or 73 of the Public Interest Disclosures Act 2012; or

(e) a disciplinary process or action.

(4) Nothing in subsection (3) prevents the admission in a criminal proceeding or proceeding for the imposition of a penalty of any evidence obtained as a direct or indirect consequence of an answer given by the officer concerned at a hearing or a document or other thing produced by the officer concerned at a hearing or in answer to a witness summons or a requirement under section 69(1) or a search warrant under section 84, and any such evidence is admissible in the proceeding in accordance with the rules of evidence applicable to the proceeding.

(5) In this section—

disciplinary process or action has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011.