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