Superannuation Industry (Supervision) Act 1993
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View history notePt 25 heading substituted by No 158 of 2012, s 3 and Sch 2 item 41, effective 31 January 2013. For application provisions see note under Pt 16 Div 1A heading. The heading formerly read:
PART 25 - MONITORING AND INVESTIGATING SUPERANNUATION ENTITIES
Heading to Div 4 substituted by No 54 of 1998.
(a) books are produced to a person under a requirement made under this Part; or
(b) under a warrant issued under section 272 , or Division 2 of Part IAA of the Crimes Act 1914 , as applied under section 39D of the Australian Securities and Investments Commission Act 2001 , a person:
(i) takes possession of books; or
(ii) secures books against interference; or
(c) because of a previous application of subsection (8) of this section, books are delivered into a person ' s possession.
S 273(1) amended by No 3 of 2020, s 3 and Sch 1 item 25, by inserting " or Division 2 of Part IAA of the Crimes Act 1914 , as applied under section 39D of the A ustralian Securities and Investments Commission Act 2001 , " in para (b), applicable to warrants applied for on or after 18 February 2020 (whether or not a matter to which the warrant relates arose before, on, or after 18 February 2020).
However, if paragraph (1)(b) applies because of the operation of section 39D of the Australian Securities and Investments Commission Act 2001 , subsections (4), (5), (6), (7) and (8) do not apply.
S 273(1A) inserted by No 3 of 2020, s 3 and Sch 1 item 26, applicable to warrants applied for on or after 18 February 2020 (whether or not a matter to which the warrant relates arose before, on, or after 18 February 2020).
273(2) Possession in (1)(a) case.
If paragraph (1)(a) applies, the person may take possession of any of the books.
273(3) Power to inspect etc.The person may inspect, and may make copies of, or take extracts from, any of the books.
273(4) Power to use for proceedings.The person may use, or permit the use of, any of the books for the purposes of a proceeding.
273(5) Retaining possession.The person may retain possession of any of the books for so long as is necessary:
(a) for the purposes of exercising a power conferred by this section (other than this subsection and subsection (7)); or
(b) for the purposes of the investigation; or
(c) for a decision to be made about whether or not a proceeding to which the books concerned would be relevant should be begun; or
(d) for such a proceeding to be begun and carried on. 273(6) Claims or liens.
No-one is entitled, as against the person, to claim a lien on any of the books, but such a lien is not otherwise prejudiced.
273(7) Right of inspection.While the books are in the person ' s possession, the person must permit another person to inspect at all reasonable times such (if any) of the books as the other person would be entitled to inspect if they were not in the first-mentioned person ' s possession.
273(8) Delivery into possession of Regulator etc.Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the books into the possession of the Regulator or of a person authorised by the Regulator to receive them.
S 273(8) amended by No 54 of 1998.
If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the books under subsection (8), may require:
(a) if paragraph (1)(a) applies - a person who so produced any of the books; or
(b) in any case - a person who was a party to the compilation of any of the books;
to explain to the best of his or her knowledge and belief any matter about the compilation of any of the books or to which any of the books relate.
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