62Self-incrimination

62 Self-incrimination

62 Self-incrimination

(1) A person is not excused from a requirement under this Part to give information on the grounds the information is self-incriminatory for the person.

(2) Information given by a person in compliance with the requirement is not admissible in evidence against the person in criminal proceedings if—

(a) the person is an individual, and

(b) the person—

(i) was not warned at the time that the person may object to giving the information on the grounds the information is self-incriminatory for the person, or

(ii) was warned and objected to giving the information.

(3) Subsection (2) does not prevent information being admitted in proceedings for an offence under—

(a) this Part, or

(b) the Crimes Act 1900, Part 5A.

(4) Further information obtained as a result of information (original information) given in compliance with a requirement under this Part is not prevented from being admitted in proceedings for an offence on the grounds—

(a) the original information had to be given, or

(b) the original information is self-incriminatory for the person who gave it.

(5) Information is self-incriminatory for a person if the information—

(a) might incriminate the person, or

(b) might make the person liable to a penalty.