Financial Intermediaries Act 1996
sec.196Recording of examination
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sec.196 Recording of examination
An investigator may cause to be made a record of the questions asked and the answers given at an examination under this part. A record of the examination of a person under this part may be used in evidence in a legal proceeding against the person. A copy of the record of the examination of a person must be given without fee to the person on the written request of the person. This section does not affect or limit the admissibility of other written or oral evidence. The registrar may give a copy of the record of the examination to a legal practitioner who satisfies the registrar that the practitioner is acting for a person who is conducting, or is in good faith contemplating, legal proceedings in relation to affairs being investigated by an investigator. A legal practitioner to whom a copy of the record is given must— use the record only for the institution or preparation of, and in the course of, legal proceedings; and not publish or communicate the record or a part of it for any other purpose. Maximum penalty—400 penalty units or 2 years imprisonment. If a report is made under section 198 , a record made under this section about the report must be given with the report. s 196 amd 1999 No. 27 s 76 sch 1 pt 2 (sec.196-ssec.1) An investigator may cause to be made a record of the questions asked and the answers given at an examination under this part. (sec.196-ssec.2) A record of the examination of a person under this part may be used in evidence in a legal proceeding against the person. (sec.196-ssec.3) A copy of the record of the examination of a person must be given without fee to the person on the written request of the person. (sec.196-ssec.4) This section does not affect or limit the admissibility of other written or oral evidence. (sec.196-ssec.5) The registrar may give a copy of the record of the examination to a legal practitioner who satisfies the registrar that the practitioner is acting for a person who is conducting, or is in good faith contemplating, legal proceedings in relation to affairs being investigated by an investigator. (sec.196-ssec.6) A legal practitioner to whom a copy of the record is given must— use the record only for the institution or preparation of, and in the course of, legal proceedings; and not publish or communicate the record or a part of it for any other purpose. Maximum penalty—400 penalty units or 2 years imprisonment. (sec.196-ssec.7) If a report is made under section 198 , a record made under this section about the report must be given with the report.
- (a) use the record only for the institution or preparation of, and in the course of, legal proceedings; and
- (b) not publish or communicate the record or a part of it for any other purpose.