Superannuation Industry (Supervision) Act 1993

Subject to this section, a statement that a person makes at an examination of the person is admissible in evidence against the person in a proceeding.

The statement is not admissible if:

the proceeding is:

a criminal proceeding; or

a proceeding for the imposition of a penalty;

the person is an individual who, before making the statement, claimed that it might tend to incriminate him or her or make him or her liable to a penalty.

The statement is not admissible if it is not relevant to the proceeding and the person objects to the admission of evidence of the statement.

The statement (the subject statement) is not admissible if:

it is qualified or explained by some other statement made at the examination; and

evidence of the other statement is not tendered in the proceeding; and

the person objects to the admission of evidence of the subject statement.

The statement is not admissible if:

it discloses matter in respect of which the person could claim legal professional privilege in the proceeding if subsection (1) 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 an examination of a person is signed by the person under subsection 280(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records.

This Part does not limit or affect the admissibility in the proceeding of other evidence to statements made at the examination.