THE CORPORATIONS LAW

CHAPTER 9 - MISCELLANEOUS

PART 9.4 - OFFENCES

Division 2 - Offences generally

SECTION 1316A   PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE TO BODIES CORPORATE IN CORPORATIONS LAW CRIMINAL PROCEEDINGS  

1316A(1)  [Body corporate cannot claim privilege against self-incrimination]  

In a Corporations Law 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).

1316A(2)  [Fact that body a defendant irrelevant]  

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

1316A(3)  [Definitions]  

In this section:

``Corporations Law'' , in relation to a jurisdiction, has the same meaning as in Division 2 of Part 9 of the Corporations Act 1989;

``Corporations Law criminal proceeding'' means:

(a)  a proceeding in a court when exercising jurisdiction in respect of a criminal matter arising under the Corporations Law of this jurisdiction; or

(b)  a proceeding in a court of this jurisdiction when exercising jurisdiction in respect of a criminal matter arising under the Corporations Law of any jurisdiction.