Victorian Current Acts Victorian Current ActsS. 99(1) amended by No. 44/2022 s. 41(1).
(1) In an examination referred to in section 98(2) or (2B), a person may not refuse or fail to answer a question, or refuse or fail to produce any information or document specified in an examination notice, that might tend to incriminate the person.
S. 99(2) amended by No. 44/2022 s. 41(2).
(2) A statement or disclosure made by a person in answer to a question, or producing any information or document specified in an examination notice, put in the course of an examination referred to in section 98(2) or (2B) or produced under an examination notice, is admissible against that person in—
(a) any civil proceeding; or
(b) a proceeding for giving false testimony in the course of the examination; or
(c) any proceeding under this Act—
but is not otherwise admissible in evidence against that person.
S. 99(2A) inserted by No. 68/2010 s. 24, amended by No. 44/2022 s. 41(3).
(2A) Any information, document or other thing obtained as a direct or indirect consequence of a person making a statement or disclosure in answer to a question, or producing any information or document specified in an examination notice, put in the course of an examination referred to in section 98(2) or (2B) or produced under an examination notice, is admissible against that person in—
(a) any civil proceeding; or
(b) a proceeding for giving false testimony in the course of the examination; or
(c) any proceeding under this Act—
but is not otherwise admissible in evidence against that person.
S. 99(3) amended by No. 44/2022 s. 41(4)(a).
(3) A person who is ordered to attend an examination referred to in section 98(2) or (2B) must not—
(a) without reasonable excuse, fail to attend as required by the order; or
(b) without reasonable excuse, fail to attend from day to day until the conclusion of the examination; or
S. 99(3)(ba) inserted by No. 44/2022 s. 41(4)(b).
(ba) without reasonable excuse, fail to produce any information or document specified in an examination notice; or
(c) refuse or fail to take an oath or make an affirmation for the purpose of the examination; or
(d) refuse or fail to answer a question that the person is directed by the court to answer; or
(e) make a statement in the course of the examination that is false or misleading in a material particular.
Penalty: Level 7 imprisonment (2 years maximum) or a level 7
fine (240 penalty units maximum) or both.
Part 13—Information gathering powers
Division 1—Production orders
S. 99A inserted by No. 44/2022 s. 30.