Commonwealth Consolidated Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 126L

Privilege against exposure to penalty--disqualification under section 126A, 126H, 130D or 130EA

Proceedings

  (1)   In the case of any proceeding under, or arising out of, this Act, a person is not entitled to refuse or fail to comply with a requirement:

  (a)   to answer a question or give information; or

  (b)   to produce books; or

  (c)   to do any other act;

on the ground that the answer or information, production of the books, or doing that other act, as the case may be, might tend to make the person liable to a penalty by way of a disqualification under section   126A, 126H or 130D or tend to make a firm or company liable to disqualification under section   130EA.

  (2)   Subsection   (1) applies whether or not the person is a defendant in, or a party to, the proceeding or any other proceeding.

Statutory requirements

  (3)   A person is not entitled to refuse or fail to comply with a requirement under this Act:

  (a)   to answer a question or give information; or

  (b)   to produce books; or

  (c)   to do any other act;

on the ground that the answer or information, production of the books, or doing that other act, as the case may be, might tend to make the person liable to a penalty by way of a disqualification under section   126A, 126H or 130D   or tend to make a firm or company liable to disqualification under section   130EA .

Admissibility

  (4)   Subsections   130B(2), 287(3), 290(2) and 336F(2) do not apply to a proceeding for the imposition of a penalty by way of a disqualification under section   126A, 126H or 130D or a proceeding under section   130EA.

Other provisions

  (5)   Subsections   (1) and (3) of this section have effect despite anything in:

  (a)   section   199; or

  (b)   any other provision of this Act; or

  (c)   the Administrative Appeals Tribunal Act 1975 .

Definition

  (6)   In this section:

"penalty" includes forfeiture.


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