Provisions relating to requirements under this Part
5 Provisions relating to requirements under this Part
This clause applies to a requirement imposed on a person under this
Part.
The validity of the requirement is not affected, and the person is not excused from compliance with the requirement, on—
the ground that the giving of the information or access to information may tend to incriminate the person; or
the ground that a law practice or legal practitioner has a lien over a particular document or class of documents.
If compliance by a person with a requirement to answer a question or to produce, or provide a copy of, a document or information might tend to incriminate the person or make the person liable to a penalty, then—
in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or
in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings other than disciplinary proceedings under this Act or proceedings—
for an offence—
against this Act; or
relating to the keeping of trust accounts or the receipt of trust money; or
in respect of the making of a false or misleading statement.
The investigator imposing the requirement may—
inspect any document provided pursuant to the requirement;
and
make copies of the document or any part of the document;
and
retain the document for a period the investigator thinks necessary for the purposes of the investigation in relation to which it was produced.
The person is not subject to any liability, claim or demand merely because of compliance with the requirement.
A failure by a legal practitioner to comply with the requirement is capable of constituting unsatisfactory professional conduct or professional misconduct.
The Supreme Court may, on application by the Commissioner or the
Society, or on its own initiative, suspend a legal practitioner's practising certificate while a failure by the practitioner to comply with the requirement continues.
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