Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-1 - POWERS AND DUTIES OF THE OFFICIAL TRUSTEE  

Division 2 - Obtaining information about controlled property  

SECTION 271   Privilege against self-incrimination  

271(1)    
A person is not excused from giving information or producing a document under this Part on the ground that to do so would tend to incriminate the person or expose the person to a penalty.

271(2)    

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However, in the case of a natural person:

(a)    the information given; or

(b)    

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the giving of the document;

(c) (Repealed by No 3 of 2021)

is not admissible in evidence in * criminal proceedings against the natural person, except:

(c) proceedings under, or arising out of, section 137.1 or 137.2 of the Criminal Code 1995 (false and misleading information and documents) in relation to giving the information or document; or

(d) proceedings for an offence against this Division.

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History

S 271(2) amended by No 3 of 2021, s 3 and Sch 6 items 15 - 17, by omitting " or " after " document; " from para (b), repealing para (c) and substituting " except: (c) proceedings under, or arising out of, section 137.1 or 137.2 of the Criminal Code 1995 (false and misleading information and documents) in relation to giving the information or document; or (d) proceedings for an offence against this Division. " for all the words after " against the natural person, " , effective 17 February 2021. Para (c) and all the words after " against the natural person, " formerly read:

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

except proceedings under, or arising out of, section 137.1 or 137.2 of the Criminal Code 1995 (false and misleading information and documents) in relation to giving the information or document.

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