Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 63

Self - incrimination

  (1)   A person is not excused from giving a report under this Division on the ground that the report might tend to incriminate the person.

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

  (a)   the report; or

  (b)   giving the report; or

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

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 this Division); 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 Division).

  (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 a report under this Division, the individual is not excused from giving the report under this Division on that ground.

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

 



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