46UProtection from incrimination

46U Protection from incrimination

46U Protection from incrimination

(1) A person is not excused from any of the following requirements made under this Act on the ground that the statement might tend to incriminate him or her—

(a) a requirement to answer a question or produce a thing,

(b) a requirement to make a statement.

(2) However, the answer to the question, production of the thing, any information obtained as a direct result of the answer or production, or the statement, is not admissible in evidence against the person in criminal proceedings—

(a) if the person claims before giving the answer, producing the thing or making the statement that it might tend to incriminate the person, or

(b) unless the person’s entitlement to make a claim of the kind referred to in paragraph (a) was drawn to the person’s attention before the answer was given, the thing was produced or the statement was made.

(3) Except as provided by subsection (2), an answer to a question, production of a thing, any information obtained as a direct result of any such answer or production, or a statement made by a person, in compliance with a requirement under this Act, may be used in evidence in any criminal or civil proceedings against the person.

s 46U: Ins 2003 No 65, Sch 3 [18].