Financial Sector Legislation Amendment (Prudential Refinements and Other Measures) Act 2010 (82 of 2010)
Schedule 4 Amendment of other Acts
Part 1 Amendments
Retirement Savings Accounts Act 1997
28 After section 67A
Insert:
67AA Privilege against exposure to penalty - disqualification under section 67
Proceedings
(1) In the case of any proceeding under, or arising out of, this Act, a person is not entitled to refuse or fail to comply with a requirement:
(a) to answer a question or give information; or
(b) to produce books; or
(c) to do any other act;
on the ground that the answer or information, production of the books, or doing that other act, as the case may be, might tend to make the person liable to a penalty by way of a disqualification under section 67.
(2) Subsection (1) applies whether or not the person is a defendant in, or a party to, the proceeding or any other proceeding.
Statutory requirements
(3) A person is not entitled to refuse or fail to comply with a requirement under this Act:
(a) to answer a question or give information; or
(b) to produce books; or
(c) to do any other act;
on the ground that the answer or information, production of the books, or doing that other act, as the case may be, might tend to make the person liable to a penalty by way of a disqualification under section 67.
Admissibility
(4) Subsections 66B(2), 117(3) and 120(2) do not apply to a proceeding for the imposition of a penalty by way of a disqualification under section 67.
Other provisions
(5) Subsections (1) and (3) of this section have effect despite anything in:
(a) any other provision of this Act; or
(b) theAdministrative Appeals Tribunal Act 1975.
Definition
(6) In this section:
penalty includes forfeiture.