New South Wales Consolidated Acts

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CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 62

Effect of production orders on proceedings etc

62 Effect of production orders on proceedings etc

(1) A person is not excused from producing or making available a document when required to do so by a production order on the ground that--
(a) the production or making available of the document might tend to incriminate the person or make the person liable to a penalty, or
(b) the production or making available of the document would be in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of the document.
(2) If a person produces or makes available a document under a production order--
(a) the production or making available of the document, or
(b) any information, document or thing obtained as a direct or indirect consequence of the production or making available of the document,
is not admissible against the person in any criminal proceedings except proceedings for an offence against section 64.
(3) For the purposes of subsection (2), proceedings on an application for a restraining order, a forfeiture order, a pecuniary penalty order or a drug proceeds order or to confirm a freezing notice are not criminal proceedings.



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