Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 196

Self - incrimination

  (1)   A person is not excused from giving information or contact details under section   1 94 on the ground that the information or contact details might tend to incriminate the person.

  (2)   However, in the case of an individual:

  (a)   the information or contact details given; or

  (b)   giving the information or contact details; or

  (c)   any information, document or thing obtained as a direct or indirect consequence of giving the information or contact details;

is not admissible in evidence against the individual:

  (d)   in civil proceedings for the recovery of a penalty (other than proceedings for the recovery of a penalty under section   1 95 ); or

  (e)   in criminal proceedings (other than proceedings for an offence against section   1 37.1 or 137.2 of the Criminal Code that relates to this Part).

  (3)   If, at general law, an individual would otherwise be able to claim the privilege against self - exposure to a penalty (other than a penalty for an offence) in relation to giving information or contact details under section   1 94 , the individual is not excused from giving information or contact details under that section on that ground.

Note:   A body corporate is not entitled to claim the privilege against self - exposure to a penalty.

 


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