Superannuation Industry (Supervision) Act 1993

PART 25 - MONITORING AND INVESTIGATION  

Division 4 - Investigations by Regulator  

SECTION 273   POWERS IF BOOKS PRODUCED OR SEIZED  

273(1)   Section applies if books produced, seized etc.  

This section applies if:


(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.

273(1A)  


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.

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.

273(9)   Explanation of matters relating to books.  

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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