Commonwealth Numbered Acts

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COMPANIES ACT 1981 No. 89 of 1981 - SECT 299

Admissibility of record of examination in evidence in proceedings against person examined

299. (1) Except as provided by sub-section (2), any questions asked and
answers given at an examination of a person under this Part are admissible in
evidence in any criminal or civil proceedings against the person.

(2) Evidence of an answer given by a person at an examination under this Part
shall not be admitted in evidence in criminal or civil proceedings against the
person if-

   (a)  the proceedings are criminal proceedings (other than proceedings for
        an offence against sub-section 296 (2), (3) or (4) or other
        proceedings in respect of the falsity of the answer) and, before
        answering the question, the person claimed that the answer might tend
        to incriminate him;

   (b)  the question and answer are not relevant to the proceedings and the
        person objects to the admission of the evidence;

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

   (d)  the answer disclosed matter in respect of which a claim of legal
        professional privilege could be made by the person in the proceedings
        if the provisions of this Division did not apply in relation to that
        evidence, and the person objects to the admission of the evidence.

(3) This section applies whether the proceedings against the person examined
are heard alone or together with proceedings against another person. 


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