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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 68 Self - incrimination

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 68

Self - incrimination

  (1)   For the purposes of this Part, of Division   3 of Part   10, and of Division   2 of Part   11, 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.

  (2)   Subsection   (3) applies where:

  (a)   before:

  (i)   making an oral statement giving information; or

  (ii)   signing a record;

    pursuant to a requirement made under this Part, Division   3 of Part   10 or Division   2 of Part   11, a person (other than a body corporate) 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

  (b)   the statement, or signing the record, as the case may be, might in fact tend to incriminate the person or make the person so liable.

  (3)   The statement, or the fact that the person has signed the record, as the case may be, is not admissible in evidence against the person in:

  (a)   a criminal proceeding; or

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

other than a proceeding in respect of:

  (c)   in the case of the making of a statement--the falsity of the statement; or

  (d)   in the case of the signing of a record--the falsity of any statement contained in the record.