Commonwealth Consolidated Acts

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ROYAL COMMISSIONS ACT 1902 - SECT 6A

Self incrimination

             (1)  It is not a reasonable excuse for the purposes of subsection 3(2B) or (5), or section 6AB, for a natural person to refuse or fail to produce a document or other thing on the ground that the production of the document or other thing might tend to:

                     (a)  incriminate the person; or

                     (b)  make the person liable to a penalty.

          (1A)  It is not a reasonable excuse for the purposes of subsection 3(6B) for a natural person to refuse or fail to give information or a statement that the person is required to give under subsection 2(3C) on the ground that giving the information or statement might tend to:

                     (a)  incriminate the person; or

                     (b)  make the person liable to a penalty.

             (2)  A natural person is not excused from answering a question that the person is required to answer by a member of a Commission on the ground that answering the question might tend to:

                     (a)  incriminate the person; or

                     (b)  make the person liable to a penalty.

             (3)  Subsections (1), (1A) and (2) do not apply to the production of a document or other thing, the answer to a question or the giving of information or a statement if:

                     (a)  the production, answer, information or statement might tend to incriminate the person in relation to an offence; and

                     (b)  the person has been charged with that offence; and

                     (c)  the charge has not been finally dealt with by a court or otherwise disposed of.

             (4)  Subsections (1), (1A) and (2) do not apply to the production of a document or other thing, the answer to a question or the giving of information or a statement if:

                     (a)  the production, answer, information or statement might tend to make the person liable to a penalty; and

                     (b)  proceedings in respect of the penalty have commenced; and

                     (c)  those proceedings have not been finally dealt with by a court or otherwise disposed of.



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