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CORPORATIONS ACT 2001 - SECT 1316A

Privilege against self - incrimination not available to bodies corporate in Corporations Act criminal proceedings

  (1)   In a Corporations Act criminal proceeding, a body corporate is not entitled to refuse or fail to comply with a requirement:

  (a)   to answer a question or give information; or

  (b)   to produce a book or any other thing; or

  (c)   to do any other act whatever;

on the ground that the answer or information, production of the book or other thing, or doing that other act, as the case may be, might tend:

  (d)   to incriminate the body (whether in respect of an offence to which the proceeding relates or otherwise); or

  (e)   to make the body liable to a penalty (whether in respect of anything to which the proceeding relates or otherwise).

  (2)   Subsection   (1) applies whether or not the body concerned is a defendant in the proceeding or in any other proceeding.

  (3)   In this section:

" Corporations Act criminal proceeding" means a proceeding in a court when exercising jurisdiction in respect of a criminal matter arising under this Act.


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