Fair Work (Registered Organisations) Act 2009

A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:

because of subsection 337AD(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 some other statement made by the person on oath or affirmation during the investigation, 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.

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 statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.