National Transport Commission (Model Legislation - Rail Safety Bill) Regulations 2006
115Protection from incrimination
Start here
Get a plain-English read of 115
Turn the raw legal text into a practical explanation grounded in National Transport Commission (Model Legislation - Rail Safety Bill) Regulations 2006.
115 Protection from incrimination
(1) A natural person is not excused from complying with a direction under Division 4 or 6— (a) to give his or her name and residential or business address; or (b) to produce a document; or (c) to give or provide information— on the ground that compliance with the direction may result in information being provided that might incriminate the person or may make the person liable to a penalty. (2) However, any information obtained or document produced as a direct result of the compliance with the direction is not admissible in evidence against the person in criminal proceedings, other than proceedings in respect of false information, or proceedings that may make the person liable to a penalty— (a) if the person claims before giving the information or producing the document that it might incriminate the person or make the person liable to a penalty; or (b) if the person’s entitlement to make a claim of the kind referred to in paragraph (a) was not drawn to the person’s attention before the information was given or the document was produced. (3) Except as provided in sub‑section (2), any information given, or document produced, by a natural person as a direct result of the compliance with the direction may be used in evidence in any criminal or civil proceedings against the person.