Commonwealth Consolidated Acts

FINANCIAL ACCOUNTABILITY REGIME ACT 2023 - SECT 88

  (1)   An individual is not excused from complying with a requirement under this Act to give information, produce a book, account or document or sign a record on the ground that doing so would tend to incriminate the individual.

Note:   A body corporate is not entitled to claim the privilege against self - incrimination.

  (2)   However, the information given, the record signed or the book, account or document produced by the individual in compliance with the requirement, is not admissible in evidence against the individual in criminal proceedings, other than proceedings in respect of the falsity of the information, if:

  (a)   before complying with the requirement, the individual claims that giving the information, signing the record or producing the book, account or document might tend to incriminate the individual; and

  (b)   giving the information, signing the record or producing the book, account or document might in fact tend to incriminate the individual.

  (3)   If, at general law, an individual would otherwise be able to claim the privilege against self - exposure to a penalty (other than a penalty for an offence) in relation to giving information, producing a book, account or document, or signing a record under this Act, the individual is not excused from giving the information, producing the book, account or document, or signing the record, under those provisions on that ground.

Note:   A body corporate is not entitled to claim the privilege against self - exposure to a penalty.