Document ID: chunk:federal_register_of_legislation:C2004A02530:body:0:p6
Version: federal_register_of_legislation:C2004A02530
Segment Type: other
Provision Reference: 
Character Range: 13584–16363

not able to make that statement without disclosing a privileged communication made by or on behalf of or to the legal practitioner in his capacity as a legal practitioner,
the legal practitioner is entitled to refuse to comply with the requirement, except to the extent that he is able to comply with the requirement without disclosing any privileged communication referred to in paragraph (b), unless the person to whom or by or on behalf of whom the communication was made or, if the person is a body corporate that is under official management or is in the course of being wound up, the official manager or the liquidator, as the case may be, agrees to the legal practitioner complying with the requirement but, where the legal practitioner so refuses to comply with a requirement, he shall forthwith furnish, in writing, to the Commission or authorized person—
    (c) if he knows the name and address of the person to whom or by or on behalf of whom the communication was made—that name and address; and
    (d) if the communication was made in writing—sufficient particulars to identify the document containing the communication.
Penalty: $1,000 or imprisonment for 3 months, or both.".

Disclosure to Commission
10. Section 12 of the Principal Act is amended by omitting sub-section (3c) and substituting the following sub-sections:
"(3c) A person is not excused from disclosing information to the Commission pursuant to a requirement made of him under sub-section (3a) on the ground that the disclosure of the information might tend to incriminate him.
"(3ca) Where a person claims, before making an oral statement disclosing information that he is required to disclose by a requirement made of him under sub-section (3a), that the statement might tend to incriminate him, evidence of that statement is not admissible in evidence against him in criminal proceedings other than proceedings under this section.".

Power of Court to make certain orders
11. Section 14 of the Principal Act is amended by omitting sub-section (7).

Change of principals of representative
12. Section 50 of the Principal Act is amended by omitting sub-paragraph (2) (a) (i) and substituting the following sub-paragraph:
        "(i) if the Commission does not have any reason to believe that the applicant will not perform efficiently, honestly and fairly the duties of a holder of a representatives licence on behalf of the holder of that dealers licence or investment advisers licence or the holders of those dealers licences or investment advisers licences—the Commission shall vary the licence by including that name or those names; or".

Power of Court to prohibit payment or transfer of moneys, securities or other property
13. Section 147 of the Principal Act is amended by adding at the