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Offences

Notice to produce documents in person’s possession

Offence title:

 

Notice to produce documents in person’s possession

Act:

 

33 Australian Securities and Investments Commission Act

Offence:

(1)   ASIC may give to a person a written notice requiring the production to a specified member or staff member, at a specified place and time, of specified books that are in the first-mentioned person’s possession and relate to:

(a)   affairs of a body corporate; or

(ab) affairs of a registered scheme; or (

b) a matter referred to in any of paragraphs 31(1)(g) to (m), inclusive; or

(c) a matter referred to in paragraph 32A(c) or (d).

(2)   ASIC may give to a person a written notice requiring the production to a specified member or staff member, at a specified place and time, of specified books that are in the person’s possession and that relate to the question whether an auditor has complied with Corporations Act audit requirements, ACNC audit requirements, or overseas audit requirements, within the meaning of subsection 30A(2).

(3)   ASIC may give to a person a written notice requiring the production to a specified member or staff member, at a specified place and time, of specified books that are in the person’s possession and that relate to the question whether an auditor has complied with Corporations Act audit requirements, ACNC audit requirements, or overseas audit requirements, within the meaning of subsection 30A(2).

 

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, 33 or 34; or

(d) subsection 37(9); or

(e) section 38; or

(f) section 39.

 

Penalty: 2 years imprisonment.

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