Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 303

Statements made at an examination: proceedings against examinee

  (1)   A statement that a person makes at an examination of the person is admissible in evidence against the person in proceedings unless:

  (a)   because of subsection   295(3), the statement is not admissible in evidence against the person in the proceedings; or

  (b)   the statement is not relevant to the proceedings and the person objects to the admission of evidence of the statement; or

  (c)   the statement (the first 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 evidence of the first statement; or

  (d)   the statement discloses matter in relation to which the person could claim legal professional privilege in the proceedings if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.

  (2)   Subsection   (1) applies in relation to proceedings against a person even if it is heard together with proceedings against another person.

  (3)   If a written record of an examination of a person is signed by the person under subsection   258(2) or authenticated in any other manner prescribed by the regulations, the record is, in proceedings, prima facie evidence of the statements it records, but nothing in this Chapter limits or affects the admissibility in the proceedings of other evidence of statements made at the examination.



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