Part 4General provisions in relation to search, surveillance, and inspection powers
Privilege and confidentiality: Examination orders and production orders
138Privilege against self-incrimination
An examination order or a production order does not affect the privilege against self-incrimination that an individual may have under section 60 of the Evidence Act 2006.
Any assertion of a privilege against self-incrimination must be based on section 60 of the Evidence Act 2006.
If any individual refuses to produce any information or document or to answer any question on the ground that it is a privileged communication under section 60 of the Evidence Act 2006, the Commissioner or other enforcement officer concerned may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid.
For the purposes of determining any application referred to in subsection (3), the individual must offer sufficient evidence to enable the District Court Judge to assess whether self-incrimination is reasonably likely if the individual produced the information or the document or answered the question.
Section 63 of the Evidence Act 2006 does not apply to an examination order or to a production order.