SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 25 - MONITORING AND INVESTIGATION  

Division 7 - Offences  

SECTION 287   SELF-INCRIMINATION  

287(1)   Self-incrimination not a reasonable excuse.  

For the purposes of this Part, it is not a reasonable excuse for a person to refuse or fail:


(a) to give information; or


(b) to sign a record; or


(c) to produce a book;

in accordance with a requirement made of the person, that the information, signing the record or production of the book, as the case may be, might tend to incriminate the person or make the person liable to a penalty.

287(2)   Self-incrimination as grounds for inadmissibility.  

Subsection (3) applies if:


(a) before:


(i) making an oral statement giving information; or

(ii) signing a record;

(iii) (Repealed by No 160 of 2000)
as required under this Part, a person claims that the statement or signing the record, as the case may be, might tend to incriminate the person or make the person liable to a penalty; and


(b) the statement or signing the record, as the case may be, might in fact tend to incriminate the person or make the person liable to a penalty.

287(2A)   [Requirements made after 31 May 1999]  

Subsection (2) does not apply to a person that is a body corporate if the claim relates to a requirement made after the commencement of this subsection.

287(3)   Inadmissibility of statements etc.  

Subject to subsection (4), none of the following:


(a) the statement;


(b) the fact that the person has signed the record;


(c) (Repealed by No 160 of 2000)

is admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty.

287(4)   Exceptions.  

Subsection (3) does not apply to admissibility in proceedings in respect of:


(a) in the case of the making of a statement - the falsity of the statement; or


(b) in the case of the signing of a record - the falsity of any statement contained in the record.

287(5)  


This section does not apply to a person who is a contributing employer if the requirement mentioned in subsection (1) relates to the obligations of the contributing employer under Part 3B .



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