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FOREIGN INFLUENCE TRANSPARENCY SCHEME ACT 2018 - SECT 47

Self - incrimination

  (1)   A person is not excused from giving information or producing a document or a copy of a document under section   45 or 46 on the ground that the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.

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

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

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

  (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, other than proceedings for an offence against section   60 of this Act, or section   137.1 or 137.2 of the Criminal Code that relates to this Division (false or misleading information or documents), or in civil proceedings.

Note:   Paragraph   (2)(c) confers a derivative use immunity. For example, in criminal proceedings for an offence by an individual against Part   5.2 of the Criminal Code (espionage and related offences), any information, document or other thing obtained as a direct or indirect consequence of the individual giving information or producing documents in compliance with a notice under section   45 or 46 would not be admissible.



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