Answering of questions or producing evidential material
(1) If a search warrant in relation to premises is being executed, the executing officer or an officer assisting may: (a) require a person at the premises to answer questions or produce evidential material to which the warrant relates; and (b) seize that evidential material. (2) A person commits an offence if the person fails to comply with a requirement under subsection (1). Penalty: 30 penalty units or imprisonment for 12 months, or both. Self‑incrimination is no excuse (3) An individual is not excused from answering a question or producing evidential material on the ground that the answer, or the production of the material, might tend to incriminate the individual or make the individual liable to a penalty. (4) However, the answer is not admissible in evidence against the individual in any criminal proceedings, other than: (a) proceedings for an offence against subsection (2); or (b) proceedings for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Part.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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