Commonwealth Consolidated Regulations

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INSPECTOR-GENERAL OF THE AUSTRALIAN DEFENCE FORCE REGULATION 2016 - REG 32

Self - incrimination

  (1)   A person is not excused from giving information, producing a document or thing or answering a question under section   22 or 23 on the ground that the information, the production of the document or thing, or the answer to the question, might tend to incriminate the person or expose the person to a penalty.

  (2)   However, in the case of an individual:

  (a)   the information given or the document or thing produced; and

  (b)   giving the information or producing the document or thing; and

  (c)   any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document or thing;

are not admissible in evidence against the individual in any civil or criminal proceedings in any federal court or court of a State or Territory, or proceedings before a service tribunal, other than proceedings by way of a prosecution for giving false testimony that relates to section   22 or 23.

Note:   For immunity in relation to the use and the derivative use of a statement or disclosure made in the course of giving evidence, the making of the statement or disclosure, and any information, document or thing obtained as a direct or indirect consequence of making the statement or disclosure, see subsection   124(2CA) of the Act.

  (3)   Despite subsection   (1), a person is not required to answer a question if the answer to the question might tend to incriminate the person in respect of an offence with which the person has been charged and in respect of which the charge has not been finally dealt with by a court or otherwise disposed of.



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