Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 635

Person not entitled to refuse to answer questions, provide information or produce documents under certain provisions of this Act

  (1)   A person is not excused from answering a question, providing information or producing a document, under any of the following provisions, on the ground that the answer, the information or the production of the document might tend to incriminate the person or make the person liable to a penalty:

  (a)   sections   44, 45, 69, 70 and 85 and Division   6 of Part   2 of Chapter   2 (human biosecurity);

  (b)   sections   120, 121, 122, 126 and 127 (managing biosecurity risks: goods);

  (c)   sections   193, 194, 195, 196, 196C, 200 and 201 (managing biosecurity risks: conveyances);

  (d)   sections   267, 268 and 300D (ballast water);

  (e)   sections   312B, 312C, 312E, 312F, 319 and 320 (managing biosecurity risks: monitoring, control and response);

  (f)   subsection   437(1) (audit powers in relation to approved arrangements);

  (g)   sections   450 and 451 (biosecurity emergencies);

  (h)   subsection   24(3) of the Regulatory Powers Act as it applies in relation to this Act;

  (i)   subsection   54(3) of the Regulatory Powers Act as it applies in relation to this Act.

Use/derivative use indemnity applies to answer, information or document

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

  (a)   the answer given, the information provided or the document produced; and

  (b)   answering the question, providing the information or producing the document; and

  (c)   any information, document or thing obtained as a direct or indirect consequence of the answering of the question, the provision of the information or the production of the document;

are not admissible in evidence against the individual in any criminal or civil proceedings, except proceedings under, or arising out of, section   137.1 or 137.2 of the Criminal Code or section   532 or 533 of this Act, (false or misleading information and documents) in relation to answering the question, providing the information or producing the document.

Privilege not otherwise affected

  (3)   Except as provided by subsection   (1), nothing in this Act affects the right of an individual to refuse to answer a question, provide information or produce a document on the ground that the answer, the information or the production of the document might tend to incriminate the individual or make the individual liable to a penalty.