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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 31 Notice to produce books about financial products

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 31

Notice to produce books about financial products

  (1)   ASIC may give to:

  (a)   the operator of a financial market, clearing and settlement facility or derivative trade repository; or

  (b)   a member of the board of the operator of a financial market, clearing and settlement facility or derivative trade repository; or

  (c)   a person who either carries on or has carried on (either alone or together with any other person or persons) a financial services business, or who is a representative of such a person; or

  (d)   a nominee controlled by a person of a kind referred to in paragraph   (c) or jointly controlled by 2 or more persons at least one of whom is such a person; or

  (e)   an eligible person in relation to a person of a kind referred to in paragraph   (a), (b), (c) or (d); or

  (f)   any other person who, in ASIC's opinion, has been a party to a dealing in financial products;

a written notice requiring the production to a specified member or staff member, at a specified place and time, of specified books relating to:

  (g)   the business or affairs of a financial market, clearing and settlement facility or derivative trade repository; or

  (h)   a dealing in financial products; or

  (j)   advice given, or an analysis or report issued or published, about financial products; or

  (k)   the character or financial position of, or a business carried on by, a person of a kind referred to in paragraph   (c) or (d); or

  (m)   an audit of, or a report of an auditor about, a dealing in financial products or accounts or records of a person who either carries on or has carried on (either alone or together with any other person or persons) a financial services business, or who is a representative of such a person.

Note:   Failure to comply with a requirement made under this subsection is an offence (see section   63).

  (2)   A reference in subsection   (1) to a dealing in financial products, or to a business carried on by a person, includes a reference to a dealing in financial products by a person as a trustee, or to a business carried on by a person as a trustee, as the case may be.