PART 25
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MONITORING AND INVESTIGATION
History
Pt 25 heading substituted by No 158 of 2012, s 3 and Sch 2 item 41, effective 31 January 2013. For application provisions see note under Pt 16 Div
1A
heading. The heading formerly read:
PART 25
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MONITORING AND INVESTIGATING SUPERANNUATION ENTITIES
Division 7
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Offences
SECTION 287
SELF-INCRIMINATION
287(1)
Self-incrimination not a reasonable excuse.
For the purposes of this Part, it is not a reasonable excuse for a person to refuse or fail:
(a)
to give information; or
(b)
to sign a record; or
(c)
to produce a book;
in accordance with a requirement made of the person, that the information, signing the record or production of the book, as the case may be, might tend to incriminate the person or make the person liable to a penalty.
287(2)
Self-incrimination as grounds for inadmissibility.
Subsection (3) applies if:
(a)
before:
(i)
making an oral statement giving information; or
(ii)
signing a record;
(iii)
(Repealed by No 160 of 2000)
as required under this Part, a person claims that the statement or signing the record, as the case may be, might tend to incriminate the person or make the person liable to a penalty; and
(b)
the statement or signing the record, as the case may be, might in fact tend to incriminate the person or make the person liable to a penalty.
History
S 287(2) amended by No 160 of 2000, s 3 and Sch 3 items 37 to 39, by omitting ``or'' from the end of para (a)(ii), by repealing para (a)(iii), and by substituting ``or signing the record'' for ``, signing the record, or production of the book'' in paras (a) and (b), effective 18 January 2001.
Act No 160 of 2000, Sch 3, contains the following application provision:
Application provisions for immunities relating to production of books
42(1)
Subsections 287(2) and (3) of the
Superannuation Industry (Supervision) Act 1993
, as in force after the commencement of item 39, apply in relation to a requirement made, as mentioned in paragraph
287(2)(a)
of that Act as so in force, on or after that commencement.
42(2)
Subsections 287(2) and (3) of the
Superannuation Industry (Supervision) Act 1993
, as in force before that commencement, continue to apply in relation to a requirement made, as mentioned in paragraph 287(2)(a) of that Act as so in force, before that commencement.
Para (a)(iii) formerly read:
(iii)
producing a book;
287(2A)
[Requirements made after 31 May 1999]
Subsection (2) does not apply to a person that is a body corporate if the claim relates to a requirement made after the commencement of this subsection.
History
S 287(2A) inserted by No 38 of 1999.
287(3)
Inadmissibility of statements etc.
Subject to subsection (4), none of the following:
(a)
the statement;
(b)
the fact that the person has signed the record;
(c)
(Repealed by No 160 of 2000)
is admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty.
History
S 287(3) amended by No 160 of 2000, s 3 and Sch 3 items 40 and 41, by omitting
"
or produced the book, as the case may be
"
after
"
signed the record
"
in para (b), and by repealing para (c), effective 18 January 2001. For application provision contained in Sch 3 of No 160 of 2000, see the history note for s 287(2). Para (c) formerly read:
(c)
in the case of the making of a statement or the signing of a record
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any information, document or other thing obtained as a direct or indirect consequence of the person making the statement or signing the record, as the case may be;
287(4)
Exceptions.
Subsection (3) does not apply to admissibility in proceedings in respect of:
(a)
in the case of the making of a statement
-
the falsity of the statement; or
(b)
in the case of the signing of a record
-
the falsity of any statement contained in the record.
287(5)
This section does not apply to a person who is a contributing employer if the requirement mentioned in subsection (1) relates to the obligations of the contributing employer under Part
3B
.
History
S 287(5) inserted by No 158 of 2012, s 3 and Sch 4 item 18, effective 31 January 2013.
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