South Australian Numbered Acts

GAS (TEMPORARY RATIONING) AMENDMENT ACT 2004 (NO 17 OF 2004) - SECT 8

8—Amendment of section 70—Power to require information or documents

        (1)         Section 70(4)—delete "A" and substitute:

Subject to subsection (5), a

        (2)         Section 70—after subsection (4) insert:

        (5)         If a person is required to give information or produce a document under this section for the enforcement of Part 3 Division 5 and the information or document would tend to incriminate the person of an offence, the person must nevertheless give the information or produce the document, but—

            (a)         if the person is a natural person, the information or document so given or produced will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and

            (b)         if the person is a body corporate—

                  (i)         the information or document so given or produced will not be admissible in evidence against a director of the body corporate in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and

                  (ii)         a director will not be guilty of an offence (other than an offence relating to the making of a false or misleading statement or declaration) as a result of the body corporate having been found guilty of an offence in proceedings in which the information or document so given or produced was admitted in evidence against the body corporate.