122Privilege against exposure to penalty—disqualification under section 120

122 Privilege against exposure to penalty—disqualification under section 120

Proceedings (1) In the case of any proceeding under, or arising out of, this Act, a person is not entitled to refuse or fail to comply with a requirement: (a) to answer a question or give information; or (b) to produce a document; or (c) to do any other act; on the ground that the answer or information, production of the document, or doing that other act, as the case may be, might tend to make the person liable to a penalty by way of a disqualification under section 120. (2) Subsection (1) applies whether or not the person is a defendant in, or a party to, the proceeding or any other proceeding. Statutory requirements (3) A person is not entitled to refuse or fail to comply with a requirement under this Act: (a) to answer a question or give information; or (b) to produce a document; or (c) to do any other act; on the ground that the answer or information, production of the document, or doing that other act, as the case may be, might tend to make the person liable to a penalty by way of a disqualification under section 120. Admissibility (4) Subsections 112(6) and 149(2) do not apply to a proceeding for the imposition of a penalty by way of a disqualification under section 120.

Note: Subsections 112(6) and 149(2) relate to self‑incrimination.

Other provisions (5) Subsections (1) and (3) of this section have effect despite anything in: (a) any other provision of this Act; or (b) the Private Health Insurance Act 2007; or (c) the Administrative Review Tribunal Act 2024.