Part 4 Gathering and using information Division 2 Secretary’s power to obtain information or documents Section 40 (4) Until a certified copy is supplied, the Secretary must, at such times and places as the Secretary thinks appropriate, permit the entity otherwise entitled to possession of the document, or a person authorised by that entity, to inspect and make copies of the document. 40 Self-incrimination (1) An entity is not excused from giving information or producing a document or copy of a document under subsection 37(4) 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. (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: (d) in criminal proceedings other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act; or (e) in civil proceedings other than proceedings for recovery of a penalty in relation to a contravention of subsection 37(4). 38 Security of Critical Infrastructure Act 2018 Authorised Version C2018A00029 No. 29, 2018

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