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Offences

ASIC may authorise persons to require production of books, giving of information etc.

Offence title:

 

ASIC may authorise persons to require production of books, giving of information etc.

Act:

 

34 Australian Securities and Investments Commission Act

Offence:

(1)   ASIC may by writing authorise a member or staff member to make a requirement of a kind that this Division empowers ASIC to make.

 

(2)   An authorisation under this section may be of general application or may be limited by reference to all or any of the following:

(a)   the persons of whom requirements may be made;

(b)   the books that may be required to be produced;

(c)    the information that may be required to be given.

 

(3)   Where an authorisation of a person is in force under this section, the person may make a requirement in accordance with the authorisation as if, in sections 30, 30A, 30B, 31, 32A and 33:

(a)   a reference to ASIC were a reference to the person; and

(b)   a reference to specified books were a reference to books that the person specifies, whether in the requirement or not and whether orally or in writing, to the person of whom the requirement is made; and

(c)    a reference to specified information were a reference to information that the person specifies, whether in the requirement or not and whether orally or in writing, to the person of whom the requirement is made; and

(d)   a reference to giving or producing to a specified person were a reference to giving or producing to the first-mentioned person.

 

Penalty:

 

2 years imprisonment

Summary/Indictable/mixed:

 

Mixed

 

Jurisdiction:

 

Local, District or Supreme Court

How committed:

 

Failure to provide the material sought in the Notice, where that material is lawfully caught by the operation of the Notice.

 

Important note:

s.63(1) states:

A person must not intentionally or recklessly fail to comply with a requirement made under:

(a) section 19; or

(b) subsection 21(3); or

(c) section 30, 30A, 30B, 31, 32A, or 34; or

(d) subsection 37(9); or

(e) section 38; or

(f) section 39.

 

Penalty: 2 years imprisonment.

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