Commonwealth Consolidated Acts

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AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40A

Self - incrimination

  (1)   If an AFP appointee is required under section   39 or 40 to give information, answer a question or produce a document, he or she is not excused from giving the information, answering the question or producing the document on the ground that the information, the answer to the question or the production of the document might tend to incriminate him or her or make him or her liable to a penalty.

  (2)   However, any information or answer so given or any document so produced is not admissible in evidence against the AFP appointee in any proceedings.

  (3)   Subsection   (2) does not apply to any information or answer so given, or any document so produced, that is relevant to conducting a test under section   40M or 40N (about testing for alcohol or prohibited drugs)

Note:   Section   40Q deals with the admissibility of such information etc.


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