46Abrogation of self-incrimination—derivative use immunity applies

46 Abrogation of self-incrimination—derivative use immunity applies

(1) This section applies despite anything to the contrary in section 155 of the Rail Safety National Law (Victoria).

(2) Without limiting section 155 of the Rail Safety National Law (Victoria), any answer to a question or information provided or document obtained as a direct result or indirect consequence of the answer, information or document being provided by a person under a requirement or direction of a rail safety officer under Part 4 of the Rail Safety National Law (Victoria) is not admissible as evidence against that person in civil or criminal proceedings other than proceedings arising out of the false and misleading nature of the answer, information or document.

(3) Despite section 155(2) of the Rail Safety National Law (Victoria) or subsection (2) of this section—

(a) any information or document required to be kept under that Law that is provided by a person under a requirement under section 154 of that Law is admissible in evidence against the person in criminal proceedings;

(b) any information obtained from a person under Part 4 of that Law that is contained in any document or item that the person is required to keep under that Law is admissible in evidence against the person in criminal proceedings or may be used in any action, proceeding or process that may make a person liable to a penalty.