National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-3 - INSPECTION OF BOOKS AND AUDIT INFORMATION-GATHERING POWERS  

Division 2 - Inspection of books and audit information-gathering powers  

SECTION 268   ASIC MAY AUTHORISE PERSONS TO REQUIRE PRODUCTION OF BOOKS, GIVING OF INFORMATION ETC.  

268(1)   [ ASIC powers]  

ASIC may by writing authorise an ASIC member or ASIC staff member (an authorised person ) to make a requirement of a kind that this Part empowers ASIC to make.

Note:

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

268(2)   [ Scope of authorisation]  

An authorisation under this section may be of general application or may be limited by reference to all or any of the following:


(a) the persons of whom requirements may be made;


(b) the books that may be required to be produced;


(c) the information that may be required to be given.

268(3)   [ Interpretation]  

If an authorisation of an authorised person is in force under this section, the authorised person may make a requirement in accordance with the authorisation as if, in sections 265 , 266 and 267 :


(a) a reference to ASIC were a reference to the authorised person; and


(b) a reference to specified books were a reference to books that the authorised person specifies, whether in the requirement or not and whether orally or in writing, to the person of whom the requirement is made; and


(c) a reference to specified information were a reference to information that the authorised person specifies, whether in the requirement or not and whether orally or in writing, to the person of whom the requirement is made; and


(d) a reference to giving or producing to a specified person were a reference to giving or producing to the authorised person.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.