60Self‑incrimination

60 Self‑incrimination

Note: Self‑incrimination will be dealt with as appropriate for each jurisdiction. The following provisions are provided by way of example.

No excuse of self‑incrimination for certain directions (1) A person is not excused from complying with a direction: (a) to produce a driver licence under section 41 (Direction to produce driver licence); or (b) to give personal details under section 42 (Direction to give name and other personal details); on the ground that compliance with the direction may result in information being provided that might incriminate the person. (2) Subject to subsections (3) and (4): (a) a person is not excused from producing a record, or a device or other thing that contains or may contain a record, under section 44 (Direction to produce records, devices or other things) on the ground that it (or the information in it) might incriminate the person; and (b) a person is not excused from providing any information under section 45 (Direction to provide information) on the ground that the information might incriminate the person; and (c) a person is not excused from providing any assistance under section 46 (Direction to provide reasonable assistance for powers of inspection and search) on the ground that the assistance may result in information being provided that might incriminate the person. Defence about questions (3) In proceedings for an offence of failing to comply with a direction under section 45 (Direction to provide information) or section 46 (Direction to provide reasonable assistance for powers of inspection and search), it is a defence if the person charged establishes that: (a) the person, in complying with the direction, would have been required to answer a question; and (b) the person objected to complying with the direction on the ground that the answer might incriminate the person; and (c) there were reasonable grounds for the objection. Defence about records (4) In proceedings for an offence of failing to comply with a direction under section 44 (Direction to produce records, devices or other things), section 45 (Direction to provide information) or section 46 (Direction to provide reasonable assistance for powers of inspection and search), it is a defence if the person charged establishes that: (a) the person, in complying with the direction, would have been required: (i) to locate, identify or reveal the whereabouts of a record; or (ii) to explain the contents of a record; and (b) the person objected to complying with the direction on the ground that the record (or the information in it) might incriminate the person; and (c) there were reasonable grounds for the objection. Limitations on availability of defence about questions (5) Subsection (3) does not apply: (a) to a body corporate; or (b) in relation to: (i) a record that is required to be kept by law; or (ii) any information in such a record; whether or not the record has been kept properly or has been kept at all. Limitations on availability of defence about records (6) Subsection (4) does not apply: (a) to a body corporate; or (b) in relation to: (i) a record that is required to be kept by law; or (ii) any information in such a record; whether or not the record has been kept properly or has been kept at all; or (c) in relation to locating, identifying or revealing the whereabouts of a record, or a record of a class, that was specifically identified in the direction concerned.