Commonwealth Consolidated Acts

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Answering of questions or producing evidential material

  (1)   If a search warrant in relation to premises is being executed, the executing officer or an officer assisting may:

  (a)   require a person at the premises to answer questions or produce evidential material to which the warrant relates; and

  (b)   seize that evidential material.

  (2)   A person commits an offence if the person fails to comply with a requirement under subsection   (1).

Penalty:   30 penalty units or imprisonment for 12 months, or both.

Self - incrimination is no excuse

  (3)   An individual is not excused from answering a question or producing evidential material on the ground that the answer, or the production of the material, might tend to incriminate the individual or make the individual liable to a penalty.

  (4)   However, the answer is not admissible in evidence against the individual in any criminal proceedings, other than:

  (a)   proceedings for an offence against subsection   (2); or

  (b)   proceedings for an offence against section   137.1, 137.2 or 149.1 of the Criminal Code that relates to this Part.

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