Australian Capital Territory Current Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 172

Abrogation of privilege against self-incrimination

    (1)     A person is not excused from answering a question or providing information or a document under this part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.

    (2)     However, any information, document or thing obtained, directly or indirectly, because of the giving of the answer or the production of the document is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence arising out of the false or misleading nature of the answer, information or document.

    (3)     To remove any doubt, this section does not apply to answering a question or providing information or a document in response to a requirement made under a corresponding WHS law.

Example

If the regulator in NSW issues a notice under the Work Health and Safety Act 2011

(NSW), s 155 to a person in the ACT, that Act, s 172 applies to the requirement.



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