Powers of examiners
71B Powers of examiners
An examiner in relation to an investigation being carried out by the examiner—
may administer an oath or affirmation;
may require by notice in writing a person to attend at a time and place specified in the notice;
may require a person attending at a specified time and place to answer any question put by the examiner;
may require a person attending at a specified time and place to produce for inspection any documents of a society which the examiner believes on reasonable grounds are in the person's custody or control and relate to the investigation;
S. 71B(1)(e) amended by No. 37/1999 s. 58(Sch. 2 Pt 1 item 13).
may exercise any power conferred on the Registrar under section 66 or an investigator under section 69.
A person is not excused from answering a question asked by an examiner on the ground that the answer might tend to incriminate the person.
If before answering a question, a person claims that the answer might tend to incriminate him or her, the question and the answer are not admissible in evidence against the person on any criminal proceedings other than proceedings under section 71C or in relation to a charge of perjury in respect of the answer.
S. 71B(4) amended by No. 69/2009 s. 54(Sch. Pt 2 item 12).
An examiner may direct that a record of an examination must be recorded or transcribed in any manner that is authorised by Part VI of the Evidence (Miscellaneous Provisions) Act 1958.
Except as otherwise provided in subsection (5), a record of an examination may be used in any legal proceedings against the person who is examined.
This section does not affect or limit the admissibility of other written or oral evidence.
A person is entitled, on written request, to a free copy of the record of his or her examination.
If a report is made, any record of examination that relates to that report must be given with it.
S. 71B(9) amended by Nos 37/1999 s. 58(Sch. 2 Pt 1 item 13), 18/2005 s. 18(Sch. 1 item 18(a)), 17/2014 s. 160(Sch. 2 item 19).
The Registrar may give a copy of the record of examination to an Australian legal practitioner who the Registrar is satisfied is acting for a person who is conducting, or is in good faith contemplating, legal proceedings in respect of any affairs of a society that are being investigated by an examiner.
S. 71B(10) amended by No. 18/2005 s. 18(Sch. 1 item 18(b)).
An Australian legal practitioner may only use a copy of the record of examination in connection with the institution or preparation of legal proceedings, and in the course of those proceedings, and must not publish or communicate to any person for any other purpose the record or any part of the record.
- 10 penalty units or imprisonment for 3 months.
S. 71C inserted by No. 48/1992 s. 100.
This Act’s bill:Second reading speech
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