Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 40

40 Privilege—examination order

(1) A person examined under an examination order is not excused from answering a question, or from producing a document or other thing, on the ground that—

(a) answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or

(b) producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or

(c) answering the question or producing the document would disclose information that is the subject of legal professional privilege.

(2) A statement or disclosure made by a person in answer to a question asked in an examination under an examination order, or a document or other thing produced in the examination, is not admissible against the person in any civil or criminal proceeding, other than—

(a) a proceeding about the false or misleading nature of the statement or disclosure; or

(b) a proceeding on an application under this Act; or

(c) a proceeding for the enforcement of a confiscation order; or

(d) for a document or other thing, a proceeding about a right or liability it confers or imposes.