Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 10 - REGULATION AND ENFORCEMENT  

PART 10-3 - ENFORCEMENT  

Division 453 - Examination of books and persons  

SECTION 453-1   EXAMINATION OF BOOKS  

453-1(1)    
The Registrar may, at any time, cause an authorised officer to examine the books of an Aboriginal and Torres Strait Islander corporation, or a related body corporate, and to report to the Registrar on the results of that examination, drawing attention to any or all of the following matters:

(a)    if the corporation has failed to comply with a provision of this Act or the corporation ' s constitution;

(b)    an alleged or suspected contravention of a law of the Commonwealth, or of a State or Territory, being a contravention that concerns the management or examinable affairs of an Aboriginal and Torres Strait Islander corporation or a related body corporate, or involves fraud or dishonesty and relates to an Aboriginal and Torres Strait Islander corporation or a related body corporate;

(c)    if there has been an irregularity in the operations or examinable affairs of the corporation;

(d)    if circumstances exist that constitute, or may constitute, grounds for appointing a special administrator for the corporation;

(e)    if circumstances are likely to occur or develop and that, if they were to occur or develop, may constitute grounds for appointing a special administrator for the corporation.

453-1(2)    
The authorised officer is entitled, at all reasonable times, to full and free access to the books of the corporation and any related body corporate.

453-1(3)    
The authorised officer may make copies, or take extracts from, any such books.

453-1(4)    
The authorised officer may require any person to produce such books of the corporation, or a related body corporate, in the possession of the person, or to which the person has access, as the authorised officer considers necessary for the purposes of this section.

453-1(5)    
A person who fails to comply with a requirement under subsection (4) commits an offence.

Penalty: 10 penalty units.

453-1(6)    
An offence against subsection (5) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

453-1(7)    
A report under subsection (1) is not a legislative instrument.