Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 5 - Further orders  

SECTION 39A   Privilege against self incrimination etc does not apply  

39A(1)    
A person is not excused from giving a sworn statement under paragraph 39(1)(ca) , (d) or (da) on the grounds that to do so would tend to incriminate the person or expose the person to a penalty.

39A(2)    
However, in the case of a natural person, a sworn statement is not admissible in civil or criminal proceedings against the person who made the statement except:


(a) in criminal proceedings for giving false or misleading information; or


(b) in proceedings on an application under this Act; or


(c) in proceedings ancillary to an application under this Act; or


(d) in proceedings for enforcement of a *confiscation order.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.