Banking Act 1959
Part VIA
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Protections in relation to information
SECTION 52F
Self-incrimination
(1)
A person is not excused from complying with a requirement under this Act or the Financial Sector (Collection of Data) Act 2001 to give information, produce a book, account or document or sign a record on the ground that doing so would tend to incriminate the person or make the person liable to a penalty.
(2)
However, if the person is an individual, the information given, the record signed or the book, account or document produced by the individual in compliance with the requirement is not admissible in evidence against the individual in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information, if:
(a) before complying with the requirement, the individual claims that giving the information, signing the record or producing the book, account or document might tend to incriminate the individual or make the individual liable to a penalty; and
(b) giving the information, signing the record or producing the book, account or document might in fact tend to incriminate the individual or make the individual liable to a penalty.
Note: For protections for whistleblowers, see Part 9.4AAA of the Corporations Act 2001 .
View history note
Hide history noteA person is not excused from complying with a requirement under this Act or the Financial Sector (Collection of Data) Act 2001 to give information, produce a book, account or document or sign a record on the ground that doing so would tend to incriminate the person or make the person liable to a penalty.
(2)
However, if the person is an individual, the information given, the record signed or the book, account or document produced by the individual in compliance with the requirement is not admissible in evidence against the individual in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information, if:
(a) before complying with the requirement, the individual claims that giving the information, signing the record or producing the book, account or document might tend to incriminate the individual or make the individual liable to a penalty; and
(b) giving the information, signing the record or producing the book, account or document might in fact tend to incriminate the individual or make the individual liable to a penalty.
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