The ASIC Act, by necessary intendment, permits prosecutors to access the transcript of a compulsory examination under s 19 for the purpose of prosecuting the examinee, subject only to the direct use immunity in s 68(3). Section 76(1)(a) is not confined to proceedings where the falsity of the statement is an element of the offence; statements are admissible unless both preconditions in s 68(2) are satisfied, which is assessed at the time of tender. There is no residual discretion to stay proceedings to deprive the prosecution of access to the transcript once the statutory entitlement is established.
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