Corporations Act 2001
No 13 of 2018, Sch 1 contains the following Application of amendments (effective 6 March 2018):
31 Application of amendments
The amendments made by this Part apply on and after the day on which the first authorisation of an external dispute resolution scheme, under Part 7.10A of the Corporations Act 2001 as amended by Part 1 of this Schedule, comes into force.
Without limiting subitem (1), the amendments made by items 13, 14 and 29 apply in relation to disclosures of information made on and after the day on which that authorisation comes into force, whether the information was acquired before, on or after that day.
If AFCA has reason to believe that a person is capable of giving information or producing documents relevant to a superannuation complaint, AFCA may, by written notice to the person, require the person:
(a) to give to AFCA, by writing, any such information; or
(b) to produce to AFCA such documents or copies of such documents as are stated in the notice;
at such place, and within such period or on such date and at such time, as are stated in the notice.
Note: A strict liability offence may apply under section 1058 (secrecy) in relation to information acquired under this section.1054A(2)
If documents (whether originals or copies) are so produced, AFCA:
(a) may take possession of, and may make copies of, or take extracts from, the documents; and
(b) may keep the documents for as long as is necessary for the purpose of dealing with the complaint; and
(c) must, while keeping the documents, permit a person who would be entitled to inspect any one or more of them (if the documents were not in the possession of AFCA) to inspect at all reasonable times such of the documents as that person would be so entitled to inspect. 1054A(3)
A person must not fail to comply with a requirement made by AFCA under subsection (1).
Penalty: 30 penalty units.1054A(4)
Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .1054A(5)
Subsection (3) does not apply to the extent that the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code .