Self‑incrimination
38F Self‑incrimination
A person is not excused from complying with a requirement under this Act, the prudential standards or the Financial Sector (Collection of Data) Act 2001 to give information to APRA on the ground that doing so would tend to incriminate the person or make the person liable to a penalty.
However, if the person is an individual, the information given by the individual in compliance with the requirement is not admissible in evidence against the individual in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information, if:
before giving the information, the individual claims that giving the information might tend to incriminate the individual or make the individual liable to a penalty; and
giving the information might in fact tend to incriminate the individual or make the individual liable to a penalty.
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