AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 76 Statements made at an examination: proceedings against examinee

AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 76

76. (1) A statement that a person makes at an examination of the person is
admissible in evidence against the person in a federal proceeding unless:

   (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,
before making the statement, the person claimed that the statement might tend
to incriminate him or her or make him or her liable to a penalty;

   (b)  the statement is not relevant to the proceeding and the person objects
        to the admission of evidence of the statement;

   (c)  the statement is qualified or explained by some other statement made
        at the examination, evidence of the other statement is not tendered in
        the proceeding and the person objects to the admission of evidence of
        the first-mentioned statement; or

   (d)  the statement discloses matter in respect of which the person could
        claim legal professional privilege in the proceeding if this
        subsection did not apply in relation to the statement, and the person
        objects to the admission of evidence of the statement.

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

(3) Where a written record of an examination of a person is signed by the
person under subsection 24 (2) or authenticated in any other prescribed
manner, the record is, in a federal proceeding, prima facie evidence of the
statements it records, but nothing in this Part limits or affects the
admissibility in the proceeding of other evidence of statements made at the
examination.