23Abrogation of privilege against self-incrimination

23 Abrogation of privilege against self-incrimination

(1) A person is not excused from answering a question or providing information or a document under this Part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.

(2) However—

(a) any answer to a question or information or a document provided by a person under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false or misleading nature of the answer, information or document; and

(b) any information provided or document obtained as a direct result or indirect consequence of the answer, information or document being provided by a natural person under a requirement or direction under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false and misleading nature of the answer, information or document.

(3) Despite section (1) or (2)—

S. 23(3)(a) amended by No. 41/2019 s. 37.

(a) any information or document required to be kept under a transport safety law that is provided by a person under a requirement under section 22 is admissible in evidence against the person in a criminal proceeding; and

S. 23(3)(b) amended by No. 41/2019 s. 37.

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