Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 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:

to answer a question or give information; or

to produce a book or any other thing; or

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:

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

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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