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Superannuation Industry (Supervision) Act 1993
126LPrivilege against exposure to penalty—disqualification under section 126A, 126H, 130D or 130EA
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#### 126L Privilege against exposure to penalty—disqualification under section 126A, 126H, 130D or 130EA
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 books; or
(c) to do any other act;
on the ground that the answer or information, production of the books, 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 126A, 126H or 130D or tend to make a firm or company liable to disqualification under section 130EA.
(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 books; or
(c) to do any other act;
on the ground that the answer or information, production of the books, 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 126A, 126H or 130D or tend to make a firm or company liable to disqualification under section 130EA.
Admissibility
(4) Subsections 130B(2), 287(3), 290(2) and 336F(2) do not apply to a proceeding for the imposition of a penalty by way of a disqualification under section 126A, 126H or 130D or a proceeding under section 130EA.
Other provisions
(5) Subsections (1) and (3) of this section have effect despite anything in:
(a) section 199; or
(b) any other provision of this Act; or
(c) the Administrative Review Tribunal Act 2024.
Definition
(6) In this section:
> penalty includes forfeiture.