Superannuation Industry (Supervision) Act 1993
Pt 25 heading substituted by No 158 of 2012, s 3 and Sch 2 item 41, effective 31 January 2013. For application provisions see note under Pt 16 Div 1A heading. The heading formerly read:
PART 25 - MONITORING AND INVESTIGATING SUPERANNUATION ENTITIES
Subject to this section, a statement that a person makes at an examination of the person is admissible in evidence against the person in a proceeding.290(2) Self-incrimination exception.
(a) the proceeding is:
(i) a criminal proceeding; or
other than a proceeding in respect of the falsity of the statement; and
(ii) a proceeding for the imposition of a penalty;
(b) the person is an individual who, before making the statement, claimed that it might tend to incriminate him or her or make him or her liable to a penalty.
S 290(2) amended by No 38 of 1999.
The statement is not admissible if it is not relevant to the proceeding and the person objects to the admission of evidence of the statement.290(4) Related statement exception.
(a) it is qualified or explained by some other statement made at the examination; and
(b) evidence of the other statement is not tendered in the proceeding; and
(c) the person objects to the admission of evidence of the subject statement. 290(5) Legal professional privilege exception.
(a) it discloses matter in respect of which the person could claim legal professional privilege in the proceeding if subsection (1) did not apply in relation to the statement; and
(b) the person objects to the admission of evidence of the statement. 290(6) Joint proceedings.
Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.290(7) Record is prima facie evidence.
If a written record of an examination of a person is signed by the person under subsection 280(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records.290(8) Admissibility of other evidence.
This Part does not limit or affect the admissibility in the proceeding of other evidence to statements made at the examination.
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