Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-1 - INFORMATION GATHERING AND MONITORING POWERS  

Division 70 - Information gathering powers  

SECTION 70-25   SELF-INCRIMINATION  

70-25(1)    
An entity is not excused from giving information, or producing a document or a copy of a document, under this Division on the ground that the information or the production of the document or copy might tend to incriminate the entity or expose the entity to a penalty.

70-25(2)    
However, in the case of an individual:

(a)    the information given, or the document or copy produced; or

(b)    giving the information or producing the document or copy; or

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

is not admissible in evidence against the individual in criminal proceedings, or in proceedings for the recovery of a civil penalty, other than:

(d)    proceedings for an offence against subsection 70-5(4) ; or

(e)    proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (which deal with false or misleading information or documents) that relates to this Act; or

(f)    proceedings for an offence against section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act.


 

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