Retirement Savings Accounts Act 1997

PART 10 - MONITORING AND INVESTIGATION

Division 7 - Evidentiary use of certain material

SECTION 120 STATEMENTS MADE AT AN EXAMINATION: PROCEEDINGS AGAINST EXAMINEE

120(1) Admissibility of statements made at examination.

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.

120(2) Self-incrimination exception.

The statement is not admissible if:

(a) the proceeding is:

(i) a criminal proceeding; or

(ii) a proceeding for the imposition of a penalty;

other than a proceeding in respect of the falsity of the statement; and

(b) before making the statement, the person claimed that it might tend to incriminate the person or make the person liable to a penalty.

120(3) Irrelevant statement exception.

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.

120(4) Related statement exception.

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.

120(5) Legal professional privilege exception.

The statement is not admissible if:

(a) it discloses a 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.

120(6) Joint proceedings.

Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.

120(7) Record is prima facie evidence.

If a written record of an examination of a person is signed by the person under subsection 110(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records.

120(8) Admissibility of other evidence.

This Part does not limit or affect the admissibility in the proceeding of other evidence to statements made at the examination.

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