SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 29A - PROTECTIONS IN RELATION TO INFORMATION  

Note:

For protections for whistleblowers, see Part 9.4AAA of the Corporations Act 2001 .

SECTION 336F   SELF-INCRIMINATION  

336F(1)   [ When self-incrimination is no excuse]  

A person is not excused from complying with a requirement under this Act or the Financial Sector (Collection of Data) Act 2001 to give information to APRA on the ground that doing so would tend to incriminate the person or make the person liable to a penalty.

336F(2)   [ When information not admissible]  

However, if the person is an individual, the information given by the individual in compliance with the requirement is not admissible in evidence against the individual in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information, if:


(a) before giving the information, the individual claims that giving the information might tend to incriminate the individual or make the individual liable to a penalty; and


(b) giving the information might in fact tend to incriminate the individual or make the individual liable to a penalty.

336F(3)  
This section does not apply in relation to a requirement under section 129 or 130 or under Part 25 .

Note 1:

See section 130B in relation to requirements under section 129 or 130 .

Note 2:

See section 287 in relation to requirements under Part 25 .




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