Victorian Current Acts Victorian Current Acts(1) A person is not excused from answering a question or giving information at an examination, or from producing a document or other thing at an examination or in accordance with a witness summons, on the ground that the answer to the question, the information, or the production of the document or other thing, might tend to incriminate the person or make the person liable to a penalty.
S. 39(1A) inserted by No. 55/2014 s. 162(1).
(1A) Subsection (1) applies whether or not the person has been or may be charged with an offence in respect of the subject-matter of the question, information, document or other thing.
(2) Subsection (3) limits the use that can be made of any answers given at an examination before the Chief Examiner, or documents or other things produced at an examination before the Chief Examiner or in accordance with a witness summons.
(3) The answer, or the document or other thing, is not admissible in evidence against the person in—
(a) a criminal proceeding; or
(b) a proceeding for the imposition of a penalty—
other than—
(c) proceedings in respect of an offence against this Act; or
(d) proceedings under the Confiscation Act 1997 ; or
(e) a proceeding in respect of—
(i) in the case of an answer, the falsity of the answer; or
(ii) in the case of the production of a document, the falsity of any statement contained in the document.
S. 39(4) inserted by No. 55/2014 s. 162(2).
(4) Nothing in subsection (3) prevents the admission in a criminal proceeding or proceeding for the imposition of a penalty of any evidence obtained as a direct or indirect consequence of an answer given at an examination or a document or other thing produced at an examination or in answer to a witness summons, and any such evidence is admissible in the proceeding in accordance with the rules of evidence applicable to the proceeding.