Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 138

Self-incrimination not an excuse

    (1)     A person is not excused from complying with a direction made under this Division on the ground that complying with the direction may result in information being provided that might incriminate the person.

    (2)     Any information obtained from a natural person under this Division is not admissible in evidence against the person in criminal proceedings other than in proceedings in respect of the provision of false information.

    (3)     Despite subsection (2), any information obtained from a person under section 135(1) is admissible in evidence against the person in criminal proceedings.

    (4)     Despite subsection (2), any information obtained from a person under this Division that is contained in any document or item—

        (a)     that the person is required to keep by any law or approved road transport compliance scheme; or

        (b)     that was obtained without the direct assistance of the person—

is admissible in evidence against the person in criminal proceedings.

    (5)     For the purposes of subsection (4), a person provides direct assistance in the obtaining of a document or item if the person is required to identify, to reveal the location of, or to explain the contents of, the document or item.

Division 6—Seizure

S. 139 inserted by No. 44/2003 s. 3.



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