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 \[18\].