Australian Capital Territory Consolidated Acts

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FAIR TRADING (CONSUMER AFFAIRS) ACT 1973 - SECT 12DA

Inspection of records of agents

    (1)     For this section, the following is a relevant circumstance in relation to a person:

        (a)     the person is a licensed agent who cannot be found;

        (b)     the person is a licensed agent who has left the ACT apparently permanently or for an extended period;

        (c)     the person has ceased to be a licensed agent;

        (d)     the person is a licensed agent who has contravened or appears to have contravened the Agents Act 2003 , part 7 (Trust accounts).

    (2)     This section applies if an investigator is satisfied that—

        (a)     a relevant circumstance has happened in relation to a person; and

        (b)     the person has deposited money in an account with an authorised deposit-taking institution; and

        (c)     it is necessary to inspect the records relating to the person kept by the institution.

    (3)     The investigator may give to the authorised deposit-taking institution a written notice—

        (a)     setting out the relevant circumstance; and

        (b)     requiring the institution to produce for the investigator's inspection the records of the institution relating to the person.

    (4)     An authorised deposit-taking institution must comply with the notice.

    (5)     In this section:

"account"—

        (a)     means a trust account or another account, whether related to a person's business activities or not; and

        (b)     includes an account kept jointly with someone else.

"licensed agent"—see the Agents Act 2003 , dictionary.

"trust account"—see the Agents Act 2003 , dictionary.



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