Public Governance, Performance and Accountability Rule 2014

CHAPTER 2 - COMMONWEALTH ENTITIES AND THE COMMONWEALTH

PART 2-2 - ACCOUNTABLE AUTHORITIES AND OFFICIALS

Division 3 - Inspection of books of corporate Commonwealth entities

SECTION 16DA INSPECTION OF BOOKS OF CORPORATE COMMONWEALTH ENTITIES

Guide to this section

The purpose of this section is to authorise the inspection of the books of a corporate Commonwealth entity.

A person who is the accountable authority, or a member of the accountable authority, of the entity may, for the purposes of certain legal proceedings, inspect the entity ' s books and take copies of them. This right continues for a period of 7 years beginning when the person ceases to be the accountable authority or a member of the accountable authority.

This section is made for paragraphs 102(1)(a) , (b) and (d) of the Act.

16DA(1)
A person who is the accountable authority, or a member of the accountable authority, of a corporate Commonwealth entity may, for the purposes of an eligible legal proceeding in relation to the person, inspect the books of the entity at all reasonable times.

16DA(2)
A person who ceases to be the accountable authority, or a member of the accountable authority, of a corporate Commonwealth entity may, for the purposes of an eligible legal proceeding in relation to the person, inspect the books of the entity at all reasonable times during the period of 7 years beginning at that cessation.

16DA(3)
However, a person ' s right under subsection (1) or (2) to inspect books is subject to any Commonwealth law that prohibits disclosure of particular information.

16DA(4)
A person authorised to inspect books under this section may make copies of the books.

16DA(5)
In this section:

eligible legal proceeding
, in relation to a person, means a legal proceeding:

(a) to which the person is a party; or

(b) that the person proposes in good faith to bring; or

(c) that the person reasonably believes will be brought against the person.

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