(1) Subject to subsection (2), a person who would, apart from this subsection, be required to:
(a) answer a question under section 243SA; or
(b) produce a document or record under section 243SB;
need not comply with the requirement if so complying would:
(c) tend to incriminate the person; or
(d) result in further attempts to obtain evidence that would tend to incriminate the person.
(2) Subsection (1) does not apply, and the person must comply with the requirement, if the person has waived his or her rights under that subsection.