Commonwealth Repealed Acts
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This legislation has been repealed.
CORPORATIONS LAW- SECT 1316A
Privilege against self-incrimination not available to bodies corporate in Corporations Law criminal proceedings
- (1)
- In a Corporations Law criminal proceeding, a
body corporate is not entitled to refuse or fail to comply with a requirement:
- (a)
- to answer a
question or give information; or
- (b)
- to produce a book or any other thing; or
- (c)
- to do any other act whatever;
on the ground that the answer or information, production of the
book or other thing, or doing that other act, as the case may be, might tend:
- (d)
- to incriminate the body
(whether in respect of an offence to which the proceeding relates or
otherwise); or
- (e)
- to make the body liable to a penalty (whether in respect of
anything to which the proceeding relates or otherwise).
- (2)
- Subsection (1) applies whether or not
the body concerned is a defendant in the proceeding or in any other
proceeding.
- (3)
- In this section:
Corporations Law, in relation to a jurisdiction, has the same meaning as
in Division 2 of Part 9 of the Corporations Act 1989.
Corporations Law criminal proceeding means:
- (a)
- a proceeding in a
court when exercising jurisdiction in respect of a criminal matter arising
under the Corporations Law of this jurisdiction; or
- (b)
- a proceeding in a court of this jurisdiction when exercising
jurisdiction in respect of a criminal matter arising under the
Corporations Law of any jurisdiction.
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