Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 196

Self - incrimination

  (1)   A person is not excused from giving information or contact details under section   194 on the ground that the information or contact details might tend to incriminate the person.

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

  (a)   the information or contact details given; or

  (b)   giving the information or contact details; or

  (c)   any information, document or thing obtained as a direct or indirect consequence of giving the information or contact details;

is not admissible in evidence against the individual:

  (d)   in civil proceedings for the recovery of a penalty (other than proceedings for the recovery of a penalty under section   195); or

  (e)   in criminal proceedings (other than proceedings for an offence against section   137.1 or 137.2 of the Criminal Code that relates to this Part).

  (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 or contact details under section   194, the individual is not excused from giving information or contact details under that section on that ground.

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

 



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