Superannuation Industry (Supervision) Act 1993

PART 29A - PROTECTIONS IN RELATION TO INFORMATION  

Note:

For protections for whistleblowers, see Part 9.4AAA of the Corporations Act 2001 .

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History

Pt 29A amended by No 10 of 2019, s 3 and Sch 1 item 29, by inserting the note, effective 1 July 2019.

Pt 29A inserted by No 154 of 2007, s 3 and Sch 1 item 154, effective 24 September 2007.

SECTION 336F   SELF-INCRIMINATION  

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336F(1)    

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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 to the Regulator on the ground that doing so would tend to incriminate the person or make the person liable to a penalty.

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S 336F(1) amended by No 135 of 2020, s 3 and Sch 9 item 25, by substituting " the Regulator " for " APRA " , effective 1 January 2021.

336F(2)    
However, if the person is an individual, the information given 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 giving the information, the individual claims that giving the information might tend to incriminate the individual or make the individual liable to a penalty; and

(b)    giving the information might in fact tend to incriminate the individual or make the individual liable to a penalty.

336F(3)    

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This section does not apply in relation to a requirement under section 129 , 129A , 130 or 130AA or under Part 25 .

Note 1:

See section 130B in relation to requirements under section 129 , 129A , 130 or 130AA .

Note 2:

See section 287 in relation to requirements under Part 25 .

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History

S 336F(3) amended by No 29 of 2023, s 3 and Sch 6 items 268 and 269, by substituting " , 129A, 130 or 130AA " for " or 130 " (first occurring) and " , 129A, 130 or 130AA " for " or 130 " in note 1, effective 1 July 2023.

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History

S 336F inserted by No 154 of 2007, s 3 and Sch 1 item 154, effective 24 September 2007.

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