(1) A statement or
disclosure made by a witness in answer to a question that the Commission
requires the witness to answer is not admissible in evidence against the
person making the statement or disclosure in —
(a) any
criminal proceedings other than proceedings for an offence under this Act; or
(b)
proceedings for the imposition of a penalty other than —
(i)
contempt proceedings; or
(ii)
proceedings for an offence under this Act; or
(iii)
disciplinary action.
(1A) Despite
subsection (1), a statement or disclosure made by a witness in answer to a
question that the Commission requires the witness to answer is admissible in
evidence against the person making the statement or disclosure —
(a) in
any proceedings under the Criminal Property Confiscation Act 2000 ; and
(b) in
any civil proceeding.
(2) Despite subsection
(1), the witness may, in any civil or criminal proceedings, be asked about the
statement or disclosure under section 21 of the Evidence Act 1906 .
(3) For the purposes
of this section, the transcript of an examination of a witness is admissible
as evidence of a statement or disclosure made by the witness in answer to a
question that the Commission requires the witness to answer.
[Section 145 inserted: No. 78 of 2003 s. 17;
amended: No. 8 of 2009 s. 41(6); No. 10 of 2018 s. 15.]
[Heading inserted: No. 78 of 2003 s. 17.]