Examinations
521 Examinations
The Supreme Court may, on application of the receiver for a law practice or on its own initiative, make an order directing that an associate or former associate of the practice, or another person, appear before the court for examination on oath or affirmation in relation to the regulated property of the law practice.
On an examination of a person under this section, the person must answer all questions that the court allows to be put to the person.
Maximum penalty—200 penalty units.
An individual is not excused from answering a question on the ground that the answer might tend to incriminate the person.
However if, before answering the question, the individual objects on the ground that answering may tend to incriminate the individual and that ground is established, the answer is not admissible in evidence, and derivative evidence is not admissible, against the individual in any proceeding for an offence, other than—
an offence against a relevant law; or
a proceeding for perjury.
In this section—
derivative evidence means any information, document or other evidence obtained as a direct or indirect result of the evidence given by an individual mentioned in subsection (4).
proceeding for perjury means a criminal proceeding in which the false or misleading nature of the evidence is in question.
This Act’s bill:Explanatory memorandum
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