Superannuation Industry (Supervision) Act 1993

PART 15 - STANDARDS FOR TRUSTEES, CUSTODIANS AND INVESTMENT MANAGERS OF SUPERANNUATION ENTITIES  

Division 3 - Disqualified persons  

Subdivision C - Other matters relating to disqualification  

SECTION 126L   PRIVILEGE AGAINST EXPOSURE TO PENALTY - DISQUALIFICATION UNDER SECTION 126A, 126H, 130D OR 130EA  

126L(1)   Proceedings.  

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 126A , 126H or 130D or tend to make a firm or company liable to disqualification under section 130EA .

126L(2)    
Subsection (1) applies whether or not the person is a defendant in, or a party to, the proceeding or any other proceeding.

126L(3)   Statutory requirements.  

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 126A , 126H or 130D or tend to make a firm or company liable to disqualification under section 130EA .

126L(4)   Admissibility.  

Subsections 130B(2) , 287(3) , 290(2) and 336F(2) do not apply to a proceeding for the imposition of a penalty by way of a disqualification under section 126A , 126H or 130D or a proceeding under section 130EA .

126L(5)   Other provisions.  

Subsections (1) and (3) of this section have effect despite anything in:

(a)    section 199 ; or

(b)    any other provision of this Act; or

(c)    

the Administrative Review Tribunal Act 2024 .

126L(6)   Definition.  

In this section:

penalty
includes forfeiture.