238BProtection from incrimination

#### 238B Protection from incrimination 238B Protection from incrimination > > (1) Self-incrimination not an excuse A person is not excused from a requirement under section 238 or 238AA to produce a document, record or statement, to give information or evidence or to answer a question on the ground that the document, record, statement, information, evidence or answer might incriminate the person or make the person liable to a penalty. > > > (2) Answer, information or evidence not admissible if objection made However, any answer, information or evidence given by a natural person in compliance with a requirement under section 238 or 238AA is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under section 238 or 238AA) 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 at an appropriate time that the person may object to giving the answer, information or evidence on the ground that it might incriminate the person. > > > (3) Appropriate time for giving warning about incrimination An appropriate time for warning a person as referred to in subsection (2) (b) is any of the following times— > > > > > (a) the time when the requirement to give the answer, information or evidence is made, > > > > > (b) in the case of evidence required to be given when appearing before an inspector, any time after the start of the appearance before the inspector, > > > > > (c) at or about the time immediately before the person gives the answer, information or evidence. > > > (4) Documents, records or statements admissible Any document, record or statement produced by a person in compliance with a requirement under section 238 or 238AA is not inadmissible in evidence against the person in criminal proceedings on the ground that the document, record or statement might incriminate the person. > > > (5) Further information Further information obtained as a result of a document, record or statement produced or information, evidence or answer given in compliance with a requirement under section 238 or 238AA is not inadmissible on the ground— > > > > > (a) that the document, record, statement, information, evidence or answer had to be produced or given, or > > > > > (b) that the document, record, statement, information, evidence or answer might incriminate the person. > > **s 238B:** Ins 2000 No 87, Sch 15.1 \[4\]. Subst 2003 No 29, Sch 2 \[6\]. Am 2012 No 53, Sch 11 \[8\].