Home Page / Legislation / Competition and Consumer Act 2010 / s 154R

Competition and Consumer Act 2010 (Cth)

Section 154R
Answering of questions or producing evidential material


The provision

(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.


Legislative history