Document ID: chunk:federal_register_of_legislation:C2025C00185:section:597:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 597 (pt 2/3)
Character Range: 2130373–2132869

in relation to the matter in subsection (11), see subsection 13.3(3) of the Criminal Code.
 (12) A person is not excused from answering a question put to the person at an examination on the ground that the answer might tend to incriminate the person or make the person liable to a penalty.
 (12A) Where:
 (a) before answering a question put to a person (other than a body corporate) at an examination, the person claims that the answer might tend to incriminate the person or make the person liable to a penalty; and
 (b) the answer might in fact tend to incriminate the person or make the person so liable;
the answer is not admissible in evidence against the person in:
 (c) a criminal proceeding; or
 (d) a proceeding for the imposition of a penalty;
other than a proceeding under this section, or any other proceeding in respect of the falsity of the answer.
 (13) The Court may order the questions put to a person and the answers given by him or her at an examination to be recorded in writing and may require him or her to sign that written record.
 (14) Subject to subsection (12A), any written record of an examination so signed by a person, or any transcript of an examination of a person that is authenticated as provided by the rules of court, may be used in evidence in any legal proceedings against the person.
 (14A) A written record made under subsection (13):
 (a) is to be open for inspection, without fee, by:
 (i) the person who applied for the examination; or
 (ii) an officer of the corporation; or
 (iii) a creditor of the corporation; and
 (b) is to be open for inspection by anyone else on paying the prescribed fee.
 (15) An examination under this Division may, if the Court so directs and subject to the rules of court, be held before such other court as is specified by the Court and the powers of the Court under this Division may be exercised by that other court.
 (16) A person ordered to attend before the Court or another court for examination under this Division may, at his or her own expense, employ a solicitor, or a solicitor and counsel, and the solicitor or counsel, as the case may be, may put to the person such questions as the Court, or the other court, as the case may be, considers just for the purpose of enabling the person to explain or qualify any answers or evidence given by the person.
 (17) The Court or another court before which an examination under this Division takes place may, if it thinks fit, adjourn the examination from time to time.