NSWIn ForceAct
Security Industry Act 1997
39RProvisions relating to requirements to furnish records or information or answer questions
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#### 39R Provisions relating to requirements to furnish records or information or answer questions
39R Provisions relating to requirements to furnish records or information or answer questions
> > (1) Warning to be given on each occasion A person is not guilty of an offence of failing to comply with a requirement under this Part to furnish records or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.
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> > (2) Self-incrimination not an excuse A person is not excused from a requirement under this Part to furnish records or information or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.
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> > (3) Information or answer not admissible if objection made However, any information furnished or answer given by a natural person in compliance with a requirement under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under section 33(2)(b), 39T or 39V) if—
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> > > (a) the person objected at the time to doing so on the ground that it might incriminate the person, or
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> > > (b) the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.
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> > (4) Records admissible Any record furnished by a person in compliance with a requirement under this Part is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.
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> > (5) Further information Further information obtained as a result of a record or information furnished or of an answer given in compliance with a requirement under this Part is not inadmissible on the ground—
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> > > (a) that the record or information had to be furnished or the answer had to be given, or
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> > > (b) that the record or information furnished or answer given might incriminate the person.
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> **s 39R:** Ins 2017 No 16, Sch 1 \[23\]. Am 2025 No 60, Sch 2.1\[9\].