Banking Act 1959
Note: For protections for whistleblowers, see Part 9.4AAA of the Corporations Act 2001 .
Pt VIA amended by No 10 of 2019, s 3 and Sch 1 item 17, by inserting the note, effective 1 July 2019. No 10 of 2019, s 3 and Sch 1 item 17 contains the following application provision:
20 Application
20
Despite the repeal of Division
1
of Part
VIA
of the
Banking Act 1959
by item 18, that Division continues to apply, at and after the commencement of this item, in relation to:
(a)
disclosures of information made before that commencement; and
(b)
conduct referred to in subsection
52C(1)
of the
Banking Act 1959
, as in force immediately before that commencement, that is engaged in before that commencement; and
(c)
a threat referred to in subsection
52C(2)
of the
Banking Act 1959
, as in force immediately before that commencement, that is made before that commencement.
Part VIA inserted by No 154 of 2007, s 3 and Sch 1 item 44, effective 24 September 2007.
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.
S 52F(1) amended by No 5 of 2018, s 3 and Sch 2 item 2, by substituting " , produce a book, account or document or sign a record " for " to APRA " , applicable in relation to investigations that commence on or after 1 July 2018.
(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.
S 52F(2) amended by No 5 of 2018, s 3 and Sch 2 items 3 - 6, by inserting " , the record signed or the book, account or document produced " , substituting " before complying with the requirement " for " before giving the information " and inserting " , signing the record or producing the book, account or document " in para (a) and inserting " , signing the record or producing the book, account or document " in para (b), applicable in relation to investigations that commence on or after 1 July 2018.
S 52F inserted by No 154 of 2007, s 3 and Sch 1 item 44, effective 24 September 2007.
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