Commonwealth Consolidated Acts

INSPECTOR-GENERAL OF ANIMAL WELFARE AND LIVE ANIMAL EXPORTS ACT 2019 - SECT 38

Privilege does not apply in relation to section   11

  (1)   A person is not excused from answering a question, giving information or producing a document under section   11 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 immunity applies

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

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

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

  (c)   any information, document or thing obtained as a direct or indirect consequence of answering the question, giving the information or producing 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   34 or 35 of this Act (false or misleading information or documents) in relation to answering the question, giving 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, give 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.