Section 1316A — Corporations Act 2001 (Cth)

(1) In a Corporations Act criminal proceeding, a body corporate 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 book or any other thing; or

(c) to do any other act whatever;

on the ground that the answer or information, production of the book or other thing, or doing that other act, as the case may be, might tend:

(d) to incriminate the body (whether in respect of an offence to which the proceeding relates or otherwise); or

(e) to make the body liable to a penalty (whether in respect of anything to which the proceeding relates or otherwise).

(2) Subsection (1) applies whether or not the body concerned is a defendant in the proceeding or in any other proceeding.

(3) In this section:

Corporations Act criminal proceeding means a proceeding in a court when exercising jurisdiction in respect of a criminal matter arising under this Act.

Related sections

• s 1314 — Continuing offences
• s 1315 — Proceedings: how taken
• s 1316 — Time for instituting criminal proceedings
• s 1317 — Certain persons to assist in prosecutions
• s 1317AA — Disclosures qualifying for protection under this Part
• s 1317AAA — Meaning of eligible whistleblower

Research how courts apply s 1316A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.