New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 41N

41N Protection from incrimination

(1) Self-incrimination not an excuse A person is not excused from a requirement under this Part to produce a record, document or thing, to give information or evidence or to answer a question on the ground that the record, document, thing, information, evidence or answer might incriminate the person or make the person liable to a penalty.

(2) Answer, information or evidence not admissible if objection made However, any record, document or thing produced, or information, evidence or answer given, by a natural person in compliance with a requirement under this Part is not admissible in evidence against the person in civil or criminal proceedings (except as provided by subsection (3)) if--

(a) the person objected at the time to doing so on the ground that it might incriminate the person, or

(b) the person was not warned at an appropriate time that the person may object to producing the record, document or thing, or giving information, evidence or answer, on the ground that it might incriminate the person.

(3) Subsection (2) does not prevent any record, document or thing produced, or information, evidence or answer given, by a natural person in compliance with a requirement under this Part from being admitted in evidence in--

(a) proceedings for an offence against this Part (including section 25L as extended to this Part by section 41S), or

(b) proceedings for contempt in relation to a public inquiry, or

(c) proceedings in connection with the revocation or refusal of an authority or the variation, revocation or imposition of conditions on an authority under this Act.

(4) Appropriate time for giving warning about incrimination An
"appropriate time" for warning a person is any of the following times--

(a) the time when the requirement to produce the record, document or thing, or give the information, evidence or answer, is made,

(b) in the case of evidence required to be given when appearing before a public inquirer, any time after the start of the appearance before the inquirer,

(c) at or about the time immediately before the person produces the record, document or thing or gives the information, evidence or answer.

(5) Further information Further information obtained as a result of a record, document or thing produced or information, evidence or answer given in compliance with a requirement under this Part is not inadmissible on the ground--

(a) that the record, document, thing, information, evidence or answer had to be produced or given, or

(b) that the record, document, thing, information, evidence or answer might incriminate the person.