153Self‑incrimination and self‑exposure

153 Self‑incrimination and self‑exposure

Abrogation of privilege against self‑incrimination (1) An individual is not excused from giving information, producing a document or answering a question under subsection 151(2) or 152(2) on the ground that giving the information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.

Note: A body corporate is not entitled to claim the privilege against self‑incrimination.

(2) However: (a) the information given, document produced or the answer given; and (b) the giving of the information, the production of the document or the answering of the question; and (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information, the production of the document or the answering of the question; are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against: (d) subsection 151(6) or 152(7) of this Act; or (e) section 137.1 or 137.2 of the Criminal Code (which deal with false or misleading information or documents) in relation to giving the information, producing the document or answering the question; or (f) section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) in relation to giving the information, producing the document or answering the question. Abrogation of privilege against self‑exposure to penalty (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to giving information, producing a document or answering a question under subsection 151(2) or 152(2), the individual is not excused from giving the information, producing the document or answering the question under that provision on that ground.

Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.