No privilege against self-incrimination

Questions about Victorian gun and ammunition laws. Victorian Firearms Act 1996.

No privilege against self-incrimination

Post by Aussier » 02 Sep 2014, 1:35 pm

Have you guys seen this proposed bill yet? The Invasive Species Control Bill 2014 for Victoria.

Read the whole thing here, but this is alarming:

150 No privilege against self-incrimination
(1) A person cannot decline to answer any question that the person has been required to answer, or to produce any record or other document that the person has been required to produce, on the ground that the answer, record or document might tend to incriminate the person.

(2) If, before answering the question or producing the record or document, the person claims that the 5 answer, record or document might tend to incriminate the person, then neither the question nor the answer, nor any record or document produced, is admissible in evidence against the person in any criminal proceedings other than 10 proceedings relating to—

(a) the refusal or failure to answer any question or produce any record or document; or
(b) the furnishing of any answer, record or document that is false or misleading.


Surely that's a massive infringement of basic assured rights? :shock:
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Re: No privilege against self-incrimination

Post by Korkt » 04 Sep 2014, 2:53 pm

"I'm afraid I can't recall at this time"

"I'm afraid I can't recall at this time"

"I'm afraid I can't recall at this time"
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Re: No privilege against self-incrimination

Post by shooting sports » 05 Sep 2014, 12:50 pm

Surely that's a massive infringement of basic assured rights?


We have no basic rights in Australia!

Never have had and most likely never will have.
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Re: No privilege against self-incrimination

Post by Norton » 05 Sep 2014, 2:23 pm

SS is half right.

Here we have the "The Privilege Against Self-incrimination".

Theoretically it could be revoked but every legal body in the country would be up in arms against it. It wouldn't be a fight that was won easily.
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Re: No privilege against self-incrimination

Post by MeccaOz » 05 Sep 2014, 2:53 pm

Korkt wrote:"I'm afraid I can't recall at this time"

"I'm afraid I can't recall at this time"

"I'm afraid I can't recall at this time"


Yup !!!! ... If the Pollies can use that and get away scot free for doing some very very VERY criminal things, I dont see why our memories have to be any better, in fact ... What were we talking about ?
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Re: No privilege against self-incrimination

Post by creet » 07 Sep 2014, 8:01 am

Spell it out for a noob here guys.

If you refuse to answer what's the story?
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Re: No privilege against self-incrimination

Post by Bourt » 10 Sep 2014, 7:21 pm

The problem (in theory) would be if the police did not have enough evidence to charge you with something and demanded you supplied a piece of evidence.

If you supplied something they would charge you with that offence.

if you refused they would charge you with the offence of refusing.

Damned either way...

This is only a proposition at the moment though, not law.
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Re: No privilege against self-incrimination

Post by Vati » 10 Sep 2014, 7:22 pm

"no comment" until a lawyer gets there.

Then let the lawyer send them packing.
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Re: No privilege against self-incrimination

Post by chacka » 10 Sep 2014, 7:24 pm

Won't be made into law I reckon.

I'm no expert, but these things pop up from time to time and all the legal bodies get up in arms over them and they disappear.

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