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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 70.25

Self - incrimination

  (1)   An entity is not excused from giving information, or producing a document or a copy of a document, under this Division on the ground that the information or the production of the document or copy might tend to incriminate the entity or expose the entity to a penalty.

  (2)   However, in the case of an individual:

  (a)   the information given, or the document or copy produced; or

  (b)   giving the information or producing the document or copy; or

  (c)   any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document or copy;

is not admissible in evidence against the individual in criminal proceedings, or in proceedings for the recovery of a civil penalty, other than:

  (d)   proceedings for an offence against subsection   70 - 5(4); or

  (e)   proceedings for an offence against section   137.1 or 137.2 of the Criminal Code (which deal with false or misleading information or documents) that relates to this Act; or

  (f)   proceedings for an offence against section   149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act.



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