Retirement Savings Accounts Act 1997

PART 10 - MONITORING AND INVESTIGATION  

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History

Part 10 heading substituted by No 158 of 2012, s 3 and Sch 4 item 33, effective 29 November 2012. The heading formerly read:

PART 10 - MONITORING AND INVESTIGATING RSA PROVIDERS

Division 4 - Examinations  

SECTION 108   EXAMINATION TO BE IN PRIVATE  

108(1)    
The examination is to take place in private and the inspector may give directions about who may be present during it, or during a part of it.

108(2)    
A person must not be present at the examination unless he or she:

(a) is the inspector or the examinee; or

(b) is a member of the staff of the Regulator authorised by the Regulator to attend the examination; or

(c) is entitled to be present under:

(i) a direction under subsection (1); or

(ii) subsection 109(1) .

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History

S 108(2) amended by No 54 of 1998.

108(3)    

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A person who contravenes subsection (2) commits an offence punishable on conviction by a fine not exceeding 10 penalty units.

Note 1:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:

A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

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History

S 108(3) amended by No 31 of 2001, s 3 and Sch 1 items 141 and 142, by omitting " knowingly " after " a person who " and inserting the notes at the end, effective 15 December 2001.

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