Statements made at an examination—proceedings against examinee
172L Statements made at an examination—proceedings against examinee
A statement that a person makes at an examination under this Division of the person is admissible in evidence against the person in a proceeding referred to in subsection (2) unless:
because of subsection 172K(3), the statement is not admissible in evidence against the person in the proceeding; or
the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or
the statement is qualified or explained by another statement made at the examination, evidence of the other statement is not tendered in the proceeding, and the person objects to the admission of evidence of the first‑mentioned statement; or
the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.
The law relating to legal professional privilege is not affected by this Act (see section 242).
For the purposes of subsection (1), the proceedings are:
a proceeding in a court; or
a proceeding or hearing before, or an examination by or before, a tribunal in Australia or any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence;
whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature.
Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.
If a written record of an examination of a person is signed by the person under subsection 172G(2) or authenticated in any other manner specified in the AML/CTF Rules, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Division limits or affects the admissibility in the proceeding of other evidence of statements made at the examination.
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