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Offences

ASIC may give information and books in relation to Chapter 5 bodies corporate

Offence title:

 

ASIC may give information and books in relation to Chapter 5 bodies corporate

Act:

 

39C Australian Securities and Investments Commission Act

Offence:

(1)   This section applies if ASIC obtains or generates information or books in the exercise of its powers or the performance of its functions in relation to:

(a)   a person in that person’s capacity as a registered liquidator; or

(b)   the external administration of a company; or

(c)    the control of property of a corporation.

 

ASIC may provide that information to specified others on specified conditions.

 

(8) A person commits an offence if:

(a)   ASIC gives administration information to the person subject to a condition in relation to the use or disclosure of that information by the person; and

(b)   ASIC has given the person notice of the condition under subsection (7); and

(c)    the person does not comply with the condition.

 

 

Penalty:

 

3 months imprisonment

Summary/Indictable/mixed:

 

Mixed

 

Jurisdiction:

 

Local, District or Supreme Court

How committed:

 

If a book of a company is provided and work is done by way of analysis and the analysis os provided to person A on conditions and person A is aware of the condition and the person A fails to comply with the condition, an offence is committed.

 

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