Document ID: chunk:federal_register_of_legislation:C2025C00173:section:122
Version: federal_register_of_legislation:C2025C00173
Segment Type: section
Provision Reference: s 122
Character Range: 158272–159886

122  Privilege against exposure to penalty—disqualification under section 120

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 a document; or
 (c) to do any other act;
on the ground that the answer or information, production of the document, 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 120.
 (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 a document; or
 (c) to do any other act;
on the ground that the answer or information, production of the document, 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 120.

Admissibility
 (4) Subsections 112(6) and 149(2) do not apply to a proceeding for the imposition of a penalty by way of a disqualification under section 120.
Note: Subsections 112(6) and 149(2) relate to self‑incrimination.

Other provisions
 (5) Subsections (1) and (3) of this section have effect despite anything in:
 (a) any other provision of this Act; or
 (b) the Private Health Insurance Act 2007; or
 (c) the Administrative Review Tribunal Act 2024.

Division 4—Miscellaneous