National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-2 - EXAMINATION OF PERSONS  

Division 2 - Examination of persons  

SECTION 255   REQUIREMENTS MADE OF EXAMINEE  

255(1)   [ Oath or affirmation]  

The inspector may examine the examinee on oath or affirmation and may, for that purpose:

(a) require the examinee to either take an oath or make an affirmation; and

(b) administer an oath or affirmation to the examinee.

Note:

Failure to comply with a requirement made under this subsection is an offence (see section 290 ).

255(2)   [ Strict liability]  

An offence under subsection 290(2) relating to subsection (1) of this section is an offence of strict liability.

Note:

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

255(3)   [ Nature of oath or affirmation]  

The oath or affirmation to be taken or made by the examinee for the purposes of the examination is an oath or affirmation that the statements that the examinee will make will be true.

255(4)   [ Examinee may be required to answer a question]  

The inspector may require the examinee to answer a question that is put to the examinee at the examination and is relevant to a matter that ASIC is investigating, or is to investigate, under Part 6-1 .

Note:

Failure to comply with a requirement made under this subsection is an offence (see section 290 ).