New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 97

97 Requiring information in the case of an emergency

(1) A person is not excused from a requirement made by an authorised officer to furnish records or information or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty if--

(a) the authorised officer makes the requirement in the case of an emergency, and

(b) the authorised officer warns the person that the authorised officer is making the requirement in the case of an emergency.

(2) However, any information furnished (other than a record) or answer given by a natural person in compliance with a requirement under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an obstruction offence) if--

(a) the person objected at the time to doing so on the ground that it might incriminate the person, or

(b) the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.

(3) Any record furnished by a person in compliance with a requirement under this Part is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.

(4) Further information obtained as a result of a record or information furnished or an answer given in compliance with a requirement under this Part is not inadmissible on the ground--

(a) that the record or information had to be furnished or the answer had to be given, or

(b) that the record or information furnished or answer given might incriminate the person.

(5) This section extends to a requirement to state a person's name and address.