CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES
History
Chapter 2F inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
PART 2F.3 - INSPECTION OF BOOKS
History
Part 2F.3 inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
SECTION 247A
ORDER FOR INSPECTION OF BOOKS OF COMPANY OR REGISTERED MANAGED INVESTMENT SCHEME
247A(1)
(Court's power)
On application by a member of a company or registered managed investment scheme, the Court may make an order:
(a)
authorising the applicant to inspect books of the company or scheme; or
(b)
authorising another person (whether a member or not) to inspect books of the company or scheme on the applicant's behalf.
The Court may only make the order if it is satisfied that the applicant is acting in good faith and that the inspection is to be made for a proper purpose.
History
S 247A(1) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
247A(2)
(Copies)
A person authorised to inspect books may make copies of the books unless the Court orders otherwise.
History
S 247A(2) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
247A(3)
(Application for leave)
A person who:
(a)
is granted leave under section
237; or
(b)
applies for leave under that section; or
(c)
is eligible to apply for leave under that section;
may apply to the Court for an order under this section.
History
S 247A(3) inserted by No 156 of 1999, Sch 3, Pt 6 (effective 13 March 2000).
247A(4)
[Order]
On application, the Court may make an order authorising:
(a)
the applicant to inspect books of the company; or
(b)
another person to inspect books of the company on the applicant's behalf.
History
S 247A(4) inserted by No 156 of 1999, Sch 3, Pt 6 (effective 13 March 2000).
247A(5)
[Basis for order]
The Court may make the order only if it is satisfied that:
(a)
the applicant is acting in good faith; and
(b)
the inspection is to be made for a purpose connected with:
(i) applying for leave under section 237; or
(ii) bringing or intervening in proceedings with leave under that section.
History
S 247A(5) inserted by No 156 of 1999, Sch 3, Pt 6 (effective 13 March 2000).
247A(6)
[Copies]
A person authorised to inspect books may make copies of the books unless the Court orders otherwise.
History
S 247A(6) inserted by No 156 of 1999, Sch 3, Pt 6 (effective 13 March 2000).