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 453-5   PRODUCTION OF BOOKS OR ATTENDANCE TO ANSWER QUESTIONS  

453-5(1)    
The Registrar may, by notice given to a person whom the Registrar, on reasonable grounds, believes to have some knowledge of the examinable affairs of an Aboriginal and Torres Strait Islander corporation, require the person:

(a)    to provide the Registrar or an authorised officer with information concerning the corporation or its examinable affairs; or

(b)    to produce to the Registrar or an authorised officer books of the corporation, or a related body corporate or connected entity, in the custody or under the control of the person; or

(c)    to appear before the Registrar or an authorised officer to answer questions about the corporation or its examinable affairs.

453-5(2)    
Subject to subsection (3) , the notice:

(a)    must be in writing; and

(b)    may be given personally or by post; and

(c)    must specify:

(i) when and how the person is to provide the information or produce the documents; or

(ii) when and where the person is to appear before the Registrar or an authorised officer.

453-5(3)    
The person must not be required to provide the information, produce the documents or appear to answer questions within a period of less than 14 days after the notice is given.

453-5(4)    
The Registrar may require the person to give or verify the information or answers:

(a)    on oath or affirmation; and

(b)    either orally or in writing.

The Registrar, or an authorised officer to whom the information or answers are given, may administer such an oath or affirmation to the person.

453-5(5)    
A person must not fail to comply with a notice under subsection (1) .

Penalty: 30 penalty units or imprisonment for 6 months, or both.

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

Note:

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

453-5(7)    
A person does not commit an offence against subsection (5) to the extent to which the person is not capable of complying with the notice.

Note:

The defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code ).