National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-8 - EVIDENTIARY USE OF CERTAIN MATERIAL  

Division 2 - Evidentiary use of certain material  

SECTION 303   STATEMENTS MADE AT AN EXAMINATION: PROCEEDINGS AGAINST EXAMINEE  

303(1)   [ When statements not admissible]  

A statement that a person makes at an examination of the person is admissible in evidence against the person in proceedings unless:

(a) because of subsection 295(3) , the statement is not admissible in evidence against the person in the proceedings; or

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

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

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

303(2)   [ Application of subsection (1)]  

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

303(3)   [ Written record]  

If a written record of an examination of a person is signed by the person under subsection 258(2) or authenticated in any other manner prescribed by the regulations, the record is, in proceedings, prima facie evidence of the statements it records, but nothing in this Chapter limits or affects the admissibility in the proceedings of other evidence of statements made at the examination.