National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-6 - OFFENCES UNDER THIS CHAPTER  

Division 2 - Offences  

SECTION 295   SELF-INCRIMINATION  

295(1)   [ Not reasonable excuse]  

For the purposes of this Chapter, it is not a reasonable excuse for a person to refuse or fail:

(a) to give information; or

(b) to sign a record; or

(c) to produce a book;

in accordance with a requirement made of the person, that the information, signing the record or production of the book, as the case may be, might tend to incriminate the person or make the person liable to a penalty.

295(2)   [ Application of subsection (3)]  

Subsection (3) applies if:

(a) before:

(i) making an oral statement giving information; or

(ii) signing a record;

pursuant to a requirement made under this Chapter, a person (other than a body corporate) claims that the statement, or signing the record, as the case may be, might tend to incriminate the person or make the person liable to a penalty; and

(b) the statement, or signing the record, as the case may be, might in fact tend to incriminate the person or make the person so liable.

295(3)   [ Evidence]  

The statement, or the fact that the person has signed the record, as the case may be, is not admissible in evidence against the person in:

(a) criminal proceedings; or

(b) proceedings for the imposition of a penalty;

other than proceedings in relation to:

(c) in the case of the making of a statement - the falsity of the statement; or

(d) in the case of the signing of a record - the falsity of any statement contained in the record.