96Self‑incrimination etc.

#### 96 Self‑incrimination etc. Self‑incrimination (1) A person is not excused from answering a question, or producing a document or thing: (a) when summoned under section 83 to do so; or (b) when required to do so under subsection 83(5A); 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 answer 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 answer, document or thing is admissible in evidence against the person in: (a) a confiscation proceeding, if the answer was given, or the document or thing was produced, at a time when the proceeding had not commenced and is not imminent; or (b) a proceeding for an offence against section 77B, 92, 93 or 94; 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 disciplinary proceeding against the person if the person is a staff member of a law enforcement agency; or (e) a proceeding relating to an application for a person to be dealt with for being in contempt of ACLEI. > Note: For paragraph (a), the court may order otherwise (see subsection 96AG(4)). (4B) Subsection (4A) does not, by implication, affect the admissibility or relevance of the answer, document or thing for any other purpose. Public interest grounds (5) A person is not excused from answering a question, or producing a document or thing: (a) when summoned under section 83 to do so; or (b) when required to do so under subsection 83(5A); 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(3) in relation to section 149 certified information. (6) The fact that a person is not excused under subsection (5) from: (a) answering a question; 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 answer, document or thing. (7) A person who is served with a summons under section 83 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: (a) answers a question at a hearing that the Integrity Commissioner requires the person to answer; or (b) produces a document or thing that the person is required to produce in accordance with the summons or under subsection 83(5A).