Page:Transport Safety Investigations Act 2018.pdf/45

Rh (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. Division 2—Defences Self‑incrimination not defence

37.—(1) A person is not excused from answering a question or producing evidential material in response to a requirement under this Act on the ground that the answer, or the production of the material, might tend to incriminate the person.

(2) Where a person, who is an individual, claims, before answering a question or producing evidential material that he or she is required by an investigator under this Act to give, that the answer or the production of evidential material might tend to incriminate him or her—
 * (a) that answer or evidential material;
 * (b) the giving of the answer or production of evidential material; and
 * (c) any information, document or thing obtained as a direct or an indirect consequence of the giving of the answer or the production of evidential material,

are not admissible in evidence against that person in any civil proceedings or any criminal proceedings in a court, other than proceedings for an offence under any written law in respect of the falsity of the answer or evidential material produced.

Other defences

38.—(1) It is not an offence under this Act for any person to refuse to comply with any requirement, notice or order made or given by the Director or any investigator under this Act if the Director or investigator—
 * (a) failed to comply with section 24(3) when making the requirement or giving the notice or order; or