THE CORPORATIONS LAW

CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES

PART 2F.3 - INSPECTION OF BOOKS

SECTION 247A   ORDER FOR INSPECTION OF BOOKS OF COMPANY OR REGISTERED MANAGED INVESTMENT SCHEME  

247A(1)  (Court's power)  

On application by a member of a company or registered managed investment scheme, the Court may make an order:

(a)  authorising the applicant to inspect books of the company or scheme; or

(b)  authorising another person (whether a member or not) to inspect books of the company or scheme on the applicant's behalf.

The Court may only make the order if it is satisfied that the applicant is acting in good faith and that the inspection is to be made for a proper purpose.

247A(2)  (Copies)  

A person authorised to inspect books may make copies of the books unless the Court orders otherwise.

247A(3)  (Application for leave)  

A person who:

(a)  is granted leave under section 237; or

(b)  applies for leave under that section; or

(c)  is eligible to apply for leave under that section;

may apply to the Court for an order under this section.

247A(4)  [Order]  

On application, the Court may make an order authorising:

(a)  the applicant to inspect books of the company; or

(b)  another person to inspect books of the company on the applicant's behalf.

247A(5)  [Basis for order]  

The Court may make the order only if it is satisfied that:

(a)  the applicant is acting in good faith; and

(b)  the inspection is to be made for a purpose connected with:

(i) applying for leave under section 237; or
(ii) bringing or intervening in proceedings with leave under that section.

247A(6)  [Copies]  

A person authorised to inspect books may make copies of the books unless the Court orders otherwise.


 

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