Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 426

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 section   66, 74, 107, 145, 185, 218, 235, 240, 244, 285, 298B or 378 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.

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   136.1, 137.1 or 137.2 of the Criminal Code or section   367, 368 or 369 of this Act (false or misleading statements in applications and false or misleading information or 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.