Commonwealth Consolidated 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 or Part   8 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, if the person is an individual, none of the following is admissible in evidence in civil or criminal proceedings against the person:

  (a)   the answer to the question;

  (b)   the production of the information or document;

  (c)   any information, document or thing obtained as a direct or indirect consequence of answering the question or producing the information or document.

  (3)   To avoid 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.


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