Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 10 - REGULATION AND ENFORCEMENT  

PART 10-3 - ENFORCEMENT  

Division 456 - Warrants for books not produced  

Subdivision 456-A - Warrants applied for in person  

SECTION 456-10   POWERS WHERE BOOKS PRODUCED OR SEIZED  

456-10(1)    
This section applies if:

(a)    

books of an Aboriginal and Torres Strait Islander corporation are produced to an authorised officer under section 453-1 or section 453-5 ; or

(b)    under a warrant issued under this Division, an authorised officer:

(i) takes possession of books of an Aboriginal and Torres Strait Islander corporation; or

(ii) secures books of an Aboriginal and Torres Strait Islander corporation against interference; or

(c)    by virtue of a previous application of subsection (8) of this section, books are delivered into a person ' s possession.

456-10(2)    
If paragraph (1)(a) applies, the authorised officer may take possession of any of the books.

456-10(3)    
The authorised officer may inspect, and may make copies of, or take extracts from, any of the books.

456-10(4)    
The authorised officer may use, or permit the use of, any of the books for the purposes of a proceeding (including a proceeding under a law of the Commonwealth, or of a State or Territory).

456-10(5)    
The authorised officer may retain possession of any of the books for so long as is necessary:

(a)    for the purposes of exercising a power conferred by this section (other than this subsection and subsection (7) ); or

(b)    for any of the purposes referred to in paragraphs 450-1(a) , (b) or (c) ; or

(c)    to determine if there is a matter in relation to the corporation that is specified in subsection 453-1(1) as a matter that should be drawn attention to; or

(d)    for a decision to be made about whether or not a proceeding (including a proceeding under a law of the Commonwealth, or of a State or Territory) to which the books concerned would be relevant should be begun; or

(e)    for such a proceeding to be begun and carried on.

456-10(6)    
No-one is entitled, as against the authorised officer, to claim a lien on any of the books, but such a lien is not otherwise prejudiced.

456-10(7)    
While the books are in the authorised officer ' s possession, the officer:

(a)    must permit another person to inspect, at all reasonable times, such (if any) of the books as the other person would be entitled to inspect if they were not in the authorised officer ' s possession; and

(b)    may permit another person to inspect any of the books.

456-10(8)    
Unless subparagraph (1)(b)(ii) applies, the authorised officer may deliver any of the books into the possession of the Registrar or a person approved by the Registrar to receive them.

456-10(9)    
If paragraph (1)(a) or (b) applies, the authorised officer, the Registrar or an approved person into whose possession the authorised officer delivers any of the books under subsection (8) , may require:

(a)    if paragraph (1)(a) applies - a person who so produced any of the books; or

(b)    in any case - a person who was a party to the compilation of any of the books;

to explain any matter about the compilation of any of the books or to which any of the books relate.

456-10(10)    
Subsection (9) does not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (10) (see subsection 13.3(3) of the Criminal Code ).

456-10(11)    
A person must not intentionally or recklessly fail to comply with a requirement under subsection (9) .

Penalty: 100 penalty units or imprisonment for 2 years, or both.

456-10(12)    
Subsection (11) does not apply to the extent to which the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (12) (see subsection 13.3(3) of the Criminal Code ).