33AProvisions relating to requirements to give records or information or answer questions

33A Provisions relating to requirements to give records or information or answer questions

33A Provisions relating to requirements to give 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 section 19A, 30C, 31B or 31C to give records or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.

(2) Self-incrimination not an excuse A person is not excused from a requirement under section 19A, 30C, 31B or 31C to give 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.

(3) Information or answer not admissible if objection made However, any information given or answer given by an individual in compliance with a requirement under section 19A, 30C, 31B or 31C is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under section 33) if—

(a) the person objected at the time to doing so on the ground that it might incriminate the person, or

(b) the person was not warned on that occasion that the person may object to giving the information or answer on the ground that it might incriminate the person.

(4) Records admissible Any record given by a person in compliance with a requirement under section 19A, 30C, 31B or 31C is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.

(5) Further information Further information obtained as a result of a record or information given or of an answer given in compliance with a requirement under section 19A, 30C, 31B or 31C is not inadmissible on the ground—

(a) that the record or information had to be given or the answer had to be given, or

(b) that the record or information given or answer given might incriminate the person.

s 33A: Ins 2017 No 14, Sch 1 [43]. Am 2022 No 10, Sch 1[51]–[57].