CTHRepealedAct
Securities Industry Act 1980
23Admissibility of record of examination in evidence in proceedings against person examined
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##### 23 Admissibility of record of examination in evidence in proceedings against person examined
(1) Except as provided by subsection (2), any statements made at an examination of a person under this Division are admissible in evidence in any criminal or civil proceedings against the person.
(2) Evidence of a statement made by a person at an examination under this Division shall not be admitted in evidence in criminal or civil proceedings against a person if:
(a) where the statement is an answer given by the person to a question—the proceedings are criminal proceedings (other than proceedings for an offence against subsection 19(4) or other proceedings in respect of the falsity of the answer) and, before answering the question, the person claimed that the answer might tend to incriminate him;
(b) the statement is not relevant to the proceedings and the person objects to the admission of the evidence;
(c) the statement is qualified or explained by some other statement made at the examination, evidence of the other statement is not tendered in the proceedings and the person objects to the admission of the evidence of the first‑mentioned statement; or
(d) the statement discloses matter in respect of which a claim of legal professional privilege could be made by the person in the proceedings if the provision of this Division did not apply in relation to that evidence, and the person objects to the admission of the evidence.
(3) This section applies whether the proceedings against the person examined are heard alone or together with proceedings against another person.