Keywords:
Nature and rationale of the common law privilege (against self -incrimination or exposure to a penalty) The common law privilege in the corporate context How much, and in what ways, s68 of the ASC Law and s597 and s1316A of the Corporations Law, as amended by the Amendment Act 1992 (the amended provisions) have helped in the enforcement of national scheme laws (as defined in s5 of the ASC law) How much, and in what ways, the amended provisions have helped the Australian Securities Commission in making investigations and gathering information The extent (if any) to which persons, to whom the amended provisions have applied, have been unjustifiably prejudiced because of the enactment of ss4, 7 and 8 of the Amendment Act 1992 The changes (if any) to administrative arrangements made for the purposes of the national scheme laws that have resulted from the amended provisions Whether it is appropriate that an examinee appearing at a compulsory examination under s19 of the ASC law should be entitled to the protection of the privilege against self-incrimination Whether the privilege against self-incrimination should be made available in relation to documents discovered pursuant to a notice to produce documents in the examination Whether the privilege should be available in relation to corporations Whether there are any suggestions for changes to national scheme laws which might overcome, or help overcome, problems identified during the review