Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.3B - CRISIS RESOLUTION FOR CS FACILITY LICENSEES  

DIVISION 3 - STATUTORY MANAGEMENT  

Subdivision B - Powers of statutory manager  

SECTION 833E   STATUTORY MANAGER MAY REQUEST INFORMATION ETC. TO BE GIVEN  

833E(1)    
A statutory manager of a body corporate may, in writing, request a person to whom subsection (2) applies to:

(a)    attend on the statutory manager; or

(b)    give the statutory manager any information relating to the body corporate ' s business, assets and other property, affairs and financial circumstances that the statutory manager reasonably believes would assist the statutory manager in performing the statutory manager ' s functions, or exercising the statutory manager ' s powers; or

(c)    allow the statutory manager to inspect and take copies of the body corporate ' s books;

at the times and in the manner reasonably required by the statutory manager.

833E(2)    
This subsection applies to a person who:

(a)    is an officer of the body corporate; or

(b)    was an officer of the body corporate:

(i) at any time when the body corporate was under statutory management; or

(ii) any time occurring during the 3 years ending when the body corporate began to be under statutory management.

833E(3)    
A request to give information may include a request to produce books, accounts or documents.

Offence

833E(4)    
A person must comply with a request under subsection (1) .

Note: Failure to comply with this subsection is an offence: see subsection 1311(1) .

Information may be given to the Reserve Bank

833E(5)    
A statutory manager may give the Reserve Bank any information that the statutory manager receives under this Part.

Note: The secrecy provision in section 79A of the Reserve Bank Act 1959 applies to information and documents obtained by the Reserve Bank under this section (either as statutory manager under subsection (1) of this section or from a statutory manager under this subsection).