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Offences

Exercise of certain powers of ASIC in relation to trust property acquired or disposed of by trustee company

Offence title:

 

Exercise of certain powers of ASIC in relation to trust property acquired or disposed of by trustee company

 

Act:

 

44 Australian Securities and Investments Commission Act

Offence:

(1)   This section applies if ASIC considers that a contravention of a law of the Commonwealth, or of a State or Territory, may have been committed by a trustee company, being a contravention that involves fraud or dishonesty and that relates to trust property.

 

(2)   ASIC may require a director, secretary or senior manager of the trustee company to disclose to ASIC information of which he or she is aware and that may have affected an acquisition or disposal of trust property by the trustee company.

 

(3)   If ASIC believes on reasonable grounds that a person can give information about particular matters, being any or all of the following:

(a)   an acquisition or disposal of trust property by the trustee company;

(b)   the financial position of the trustee company;

(c)    an audit of, or a report of an auditor about, accounts or records of the trustee company;

ASIC may require the person to disclose to it the information that the person has about those particular matters.

 

Penalty:

 

120 penalty units

 

Summary/Indictable/mixed:

 

Summary

 

Jurisdiction:

 

Local, District or Supreme Court

How committed:

 

A director refuses or fails to provide information, within knowledge and about the acquisition of a trust property by the trustee, to ASIC upon being required to do so.

 

Important note:

s.44(5): ASIC must not exercise a power conferred by subsection (2) or (3) except for the purpose of investigating the possible contravention referred to in subsection (1).

 

s.63(2) A person must not fail to comply with a requirement made under section 41, 42, 43 or 44.

 

Penalty: 120 penalty units

 

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