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  April 2009

 

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MHS Act section 63. Enhancing effectiveness of investigation.

(1) For the purposes of enhancing the effectiveness of an investigation in terms of section 60 the Chief Inspector of Mines of Mines, in consultation with the appropriate Attorney-General, may issue a certificate that no prosecution may be instituted in respect of any contravention of, or failure to comply with, a provision of this Act related to the event being investigated. If a certificate is issued, no fine in terms of section 55D or disciplinary action related to the event investigated may thereafter be imposed on or taken against any person.

(2) The Chief Inspector of Mines must communicate in writing the protection afforded under subsection (1) to all persons questioned during the investigation.

(3) Persons questioned during the investigation who are afforded protection under this section must answer every question to the best of their ability and may not refuse to answer any question on the grounds that the answer may be self-incriminating.