Section 140XG — Migration Act 1958 (Cth)

(1) A person is not excused from producing a record or document under paragraph 140XC(1)(d), or subsection 140XF(1), on the ground that the production of the record or document might tend to incriminate the person or expose the person to a penalty.

(2) However, in the case of an individual, none of the following are admissible in evidence against the individual in criminal proceedings:

(a) the record or document produced;

(b) producing the record or document;

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

except in proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) in relation to the information or document.

Related sections

• s 140XD — Persons assisting inspectors
• s 140XE — Power to ask for person’s name and address
• s 140XF — Power to require persons to produce records or documents
• s 140XH — Certain records and documents are inadmissible
• s 140XI — Power to keep records or documents
• s 140XJ — Disclosure of information by the Secretary or Australian Border Force Commissioner

Research how courts apply s 140XG

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.