80Self‑incrimination etc.

#### 80 Self‑incrimination etc. Self‑incrimination (1) A person is not excused from: (a) giving information; or (b) producing a document or thing; when served with a notice to do so under section 75 on the ground that doing so would tend to incriminate the person or expose the person to a penalty. (3) Subsections (4) and (4A) do not apply to the production of a document that is, or forms part of, a record of an existing or past business. (4) The information given, or the document or thing produced, is not admissible in evidence against the person in: (a) a criminal proceeding; or (b) a proceeding for the imposition or recovery of a penalty; or (c) a confiscation proceeding. (4A) Subsection (4) does not affect whether the information, document or thing is admissible in evidence against the person in: (a) a confiscation proceeding, if the information was given, or the document or thing was produced, at a time when the proceeding had not commenced and such a proceeding is not imminent; or (b) a proceeding for an offence against section 77B or 78; or (c) a proceeding for an offence against section 137.1 or 137.2 of the Criminal Code (about false or misleading information or documents) that relates to this Act; or (d) a proceeding for an offence against section 149.1 of the Criminal Code (about obstruction of Commonwealth public officials) that relates to this Act; or (e) a disciplinary proceeding against the person if the person is a staff member of a law enforcement agency. (4B) Subsection (4A) does not, by implication, affect the admissibility or relevance of the information, document or thing for any other purpose. Public interest grounds (5) A person is not excused from: (a) giving information; or (b) producing a document or thing; when served with a notice to do so under section 75 on the ground that doing so: (c) would disclose one of the following: (i) legal advice given to a Minister or a Commonwealth government agency; (ii) a communication between an officer of a Commonwealth government agency and another person or body, being a communication protected against disclosure by legal professional privilege; or (d) would breach a secrecy provision other than: (i) a taxation secrecy provision; or (ii) a law enforcement secrecy provision; or (e) would be otherwise contrary to the public interest. > Note: See also subsection 150(2) in relation to section 149 certified information. (6) The fact that a person is not excused under subsection (5) from: (a) giving information; or (b) producing a document or thing; does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, document or thing. (7) A person does not commit an offence, and is not liable to any penalty, under the provisions of any other enactment (other than a taxation secrecy provision or a law enforcement secrecy provision) because the person gives information, or produces a document or thing, when required to do so under section 75.