Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 503

Examinations for receivership

    (1)     On the application of a receiver for a law practice, the Supreme Court may make an order directing that an associate or former associate of the practice or any other person appear before the court for examination on oath in relation to the regulated property of the practice.

Note     Oath includes affirmation (see Legislation Act

, dict, pt 1).

    (2)     On an examination of a person under this section, the person must answer all questions that the court allows to be put to the person.

Note     The Criminal Code

, s 722 provides an offence for failing to answer a question.

    (3)     A person cannot rely on the common law privileges against
self-incrimination and exposure to the imposition of a civil penalty to refuse to answer a question.

    (4)     However, any information, document or other thing obtained, directly or indirectly, because of answering a question is not admissible against the person in a civil or criminal proceeding, other than a proceeding for—

        (a)     an offence in relation to the falsity or misleading nature of the answer; or

        (b)     an offence against this Act.



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