Banking Act 1959
Part VIII
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Powers of APRA
Division 3
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Evidentiary use of certain material
SECTION 61H
Statements made at an examination
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proceedings against examinee
Admissibility of statements made at examination
(1)
Subject to this section, a statement that a person makes at an examination of the person is admissible in evidence against the person in a proceeding.
Self-incrimination exception
(2)
The statement is not admissible if the statement is not admissible in evidence against the person under section 52F .
Irrelevant statement exception
(3)
The statement is not admissible if it is not relevant to the proceeding and the person objects to the admission of evidence of the statement.
Related statement exception
(4)
The statement (the subject statement ) is not admissible if:
(a) it is qualified or explained by some other statement made at the examination; and
(b) evidence of the other statement is not tendered in the proceeding; and
(c) the person objects to the admission of evidence of the subject statement.
Legal professional privilege exception
(5)
The statement is not admissible if:
(a) it discloses matter in respect of which the person could claim legal professional privilege in the proceeding if subsection (1) did not apply in relation to the statement; and
(b) the person objects to the admission of evidence of the statement.
Joint proceedings
(6)
Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.
Record is prima facie evidence
(7)
If a written record of an examination of a person is signed by the person under subsection 61F(2) , or is authenticated as mentioned in subsection 290(7) of the Superannuation Industry (Supervision) Act 1993 , the record is, in a proceeding, prima facie evidence of the statements it records.
Admissibility of other evidence
(8)
This Division does not limit or affect the admissibility in the proceedings of other evidence of statements made at the examination.
View history note
Hide history noteAdmissibility of statements made at examination
(1)
Subject to this section, a statement that a person makes at an examination of the person is admissible in evidence against the person in a proceeding.
Self-incrimination exception
(2)
The statement is not admissible if the statement is not admissible in evidence against the person under section 52F .
Irrelevant statement exception
(3)
The statement is not admissible if it is not relevant to the proceeding and the person objects to the admission of evidence of the statement.
Related statement exception
(4)
The statement (the subject statement ) is not admissible if:
(a) it is qualified or explained by some other statement made at the examination; and
(b) evidence of the other statement is not tendered in the proceeding; and
(c) the person objects to the admission of evidence of the subject statement.
Legal professional privilege exception
(5)
The statement is not admissible if:
(a) it discloses matter in respect of which the person could claim legal professional privilege in the proceeding if subsection (1) did not apply in relation to the statement; and
(b) the person objects to the admission of evidence of the statement.
Joint proceedings
(6)
Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.
Record is prima facie evidence
(7)
If a written record of an examination of a person is signed by the person under subsection 61F(2) , or is authenticated as mentioned in subsection 290(7) of the Superannuation Industry (Supervision) Act 1993 , the record is, in a proceeding, prima facie evidence of the statements it records.
Admissibility of other evidence
(8)
This Division does not limit or affect the admissibility in the proceedings of other evidence of statements made at the examination.
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