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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 76

Statements made at an examination: proceedings against examinee

  (1)   A statement that a person makes at an examination of the person is admissible in evidence against the person in a proceeding unless:

  (a)   because of subsection   68(3), the statement is not admissible in evidence against the person in the proceeding; or

  (b)   the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or

  (c)   the statement is qualified or explained by some other statement made at the examination, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first - mentioned statement; or

  (d)   the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.

  (2)   Subsection   (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.

  (3)   Where a written record of an examination of a person is signed by the person under subsection   24(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part   limits or affects the admissibility in the proceeding of other evidence of statements made at the examination.


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