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 271   POWERS IF BOOKS PRODUCED OR SEIZED  

271(1)    
This section applies if:

(a) books are produced to a person under a requirement made under this Part; or

(b) under a warrant issued under Division 2 of Part IAA of the Crimes Act 1914 , as applied under section 272B of this Act, a person:

(i) takes possession of books; or

(ii) secures books against interference; or

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

271(1A)    

However, if paragraph (1)(b) applies, subsections (4), (5), (6), (7) and (8) do not apply.

271(2)    
If paragraph (1)(a) applies, the person may take possession of any of the books.

271(3)    
The person may inspect, and may make copies of, or take extracts from, any of the books.

271(4)    
The person may use, or permit the use of, any of the books for the purposes of proceedings.

271(5)    
The person 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 263(a), (b) and (e) or 265(2)(a) and (d), as the case requires; or

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

(d) for such proceedings to be begun and carried on.

271(6)    
No-one is entitled, as against the person, to claim a lien on any of the books, but such a lien is not otherwise prejudiced.

271(7)    
While the books are in the possession of a person (the possessor ), the possessor:

(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 possessor ' s possession; and

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

271(8)    

The person may deliver any of the books into the possession of ASIC or of a person authorised by it to receive them.

271(9)    

If paragraph (1)(a) or (b) applies, the person, or if paragraph (1)(a) applies a person into whose possession the person 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.

Note:

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