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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 336F

Self - incrimination

  (1)   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 the Regulator on the ground that doing so would tend to incriminate the person or make the person liable to a penalty.

  (2)   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.

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

Note 1:   See section   130B in relation to requirements under section   129 , 129A, 130 or 130AA.

Note 2:   See section   287 in relation to requirements under Part   25.

 


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