Victorian Consolidated Legislation

Charities Act 1978 - SECT 11

Record of examination

11. Record of examination



(1) An inspector may cause an examination made by him under section 10 to be
recorded in writing or by means of shorthand, a stenotype machine or recording
apparatus.

(2) Where an examination has been recorded other than in writing the inspector
shall cause the record of that examination to be transcribed into writing.

(3) The inspector shall cause the record of the examination to be read to or
by the person examined and he may request that person to sign that record.

(4) Where a person does not comply with a request to sign under subsection (3)
the inspector may certify that the record of the examination is correct.

(5) The record of an examination which has been either signed by the person
examined or certified by the inspector to be correct may, subject to this
section, be used in evidence in any legal proceedings against that person.

(6) A copy of the record signed by a person shall be furnished without charge
to that person upon request made by him in writing.

(7) Any part of a record of an examination made under this section that
relates to a question the answer to which a person has claimed might tend to
incriminate him shall not be used as evidence in criminal proceedings other
than in proceedings under section 10 or in relation to a charge of perjury in
respect of that answer.

(8) Nothing in this section affects or limits the admissibility of other
written or oral evidence.

(9) Where a report is made under section 12 a record of an examination made
under this section relating to that report shall be furnished with the report.