Superannuation Industry (Supervision) Act 1993
View history note
Hide history noteFor the purposes of this Part, it is not a reasonable excuse for a person to refuse or fail:
(a) to give information; or
(b) to sign a record; or
(c) to produce a book;
in accordance with a requirement made of the person, that the information, signing the record or production of the book, as the case may be, might tend to incriminate the person or make the person liable to a penalty.
287(2) Self-incrimination as grounds for inadmissibility.(a) before:
(i) making an oral statement giving information; or
(ii) signing a record;
as required under this Part, a person claims that the statement or signing the record, as the case may be, might tend to incriminate the person or make the person liable to a penalty; and
(iii) (Repealed by No 160 of 2000)
(b) the statement or signing the record, as the case may be, might in fact tend to incriminate the person or make the person liable to a penalty.
Subsection (2) does not apply to a person that is a body corporate if the claim relates to a requirement made after the commencement of this subsection.
Subject to subsection (4), none of the following:
(a) the statement;
(b) the fact that the person has signed the record;
(c) (Repealed by No 160 of 2000)
is admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty.
Subsection (3) does not apply to admissibility in proceedings in respect of:
(a) in the case of the making of a statement - the falsity of the statement; or
(b) in the case of the signing of a record - the falsity of any statement contained in the record. 287(5)
This section does not apply to a person who is a contributing employer if the requirement mentioned in subsection (1) relates to the obligations of the contributing employer under Part 3B .
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