Social Services Legislation Amendment (Welfare Reform) Act 2018 (26 of 2018)

Schedule 17   Information management

A New Tax System (Family Assistance) (Administration) Act 1999

16   After section 159A

Insert:

159B Self-incrimination

(1) A person is not excused from giving information, or producing a document or records, under this Division on the ground that the information, or production of the document or records, 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 document or records produced; and

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

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

are not admissible in evidence against the individual in any criminal proceedings, other than:

(d) proceedings for an offence against subsection 159(1); or

(e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division; or

(f) proceedings for an offence against Division 145 of the Criminal Code; or

(g) proceedings for an offence against section 177 that relates:

(i) to this Division; and

(ii) to a contravention of section 172 or subsection 173(1), 174(1) or 176(3).

159C Use of information in investigations etc.

Subject to subsection 159B(2), nothing in this Division prevents information given, or a document or records produced, under this Division by a person from being used in:

(a) an inquiry or investigation into a matter; or

(b) criminal proceedings.