Victorian Current Acts

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SAFE DRINKING WATER ACT 2003 - SECT 47

Self-incrimination not an excuse

    (1)     A person is not excused from complying with a direction made under this Division on the ground that complying with the direction may result in information being provided that might incriminate the person.

    (2)     Any information obtained from a natural person under this Division is not admissible in evidence against the person in criminal proceedings other than in proceedings in respect of the provision of false information.

    (3)     Despite subsection (2), any information obtained from a person under this Division that is contained in any document or item—

        (a)     that the person is required to keep by any law; or

        (b)     that a water supplier, water storage manager or an officer, employee or agent of a water supplier or water storage manager is required to keep by any law; or

        (c)     that was obtained without the direct assistance of the person—

is admissible in evidence against the person in criminal proceedings.

    (4)     For the purposes of subsection (3), a person provides direct assistance in the obtaining of a document or item if the person identifies, reveals the location of, or explains the contents of, the document or item.

Division 3—Authorised officers



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