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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 421.1 Inspection and production of records

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 421.1

Inspection and production of records

  (1)   Subject to subsection   (1A), a person:

  (a)   may inspect any document lodged with the Registrar except an exempt document (see subsection   (4)); and

  (b)   may inspect or search a prescribed register kept by the Registrar for prescribed information; and

  (c)   may require a copy of, or extract from, any document that the person is permitted to inspect under paragraph   (a).

  (1A)   The Registrar may arrange for a person to:

  (a)   inspect a document; or

  (b)   inspect or search a register; or

  (c)   be given a copy of, or extract from, a document;

under subsection   (1) in such a way that the person does not have access to personal information, or personal information generally, contained in the document or register.

  (1B)   A person:

  (a)   may inspect a notice, order or permission set out in subsection   418 - 15(2); and

  (b)   may require a certificate of the registration of an Aboriginal and Torres Strait Islander corporation or any other certificate authorised by this Act to be given by the Registrar; and

  (c)   may require a copy of, or extract from:

  (i)   any document that the person is entitled to inspect under paragraph   (a); or

  (ii)   any certificate referred to in paragraph   (b) to be given, or given and certified, by the Registrar.

Registrar not required to use originals

  (2)   If a reproduction or an image of a document or certificate is produced for inspection, a person is not entitled under subsection   (1) or (1B) to require the production of the original of the document or certificate.

  (3)   For the purposes of paragraph   (1)(c) or (1B)(c), the Registrar is not required to take the copy or extract from the original of the lodged document but may take the copy or extract from an image of the original.

Meaning of exempt document

  (4)   In subsection   (1):

"exempt document" means:

  (a)   a notice lodged under subsection   304 - 15(4); or

  (b)   a report or return made or lodged under:

  (i)   section   422, 422A or 422B of the Corporations Act (as applied by section   516 - 1 of this Act); or

  (ii)   section   438D of the Corporations Act (as applied by section   521 - 1 of this Act); or

  (iii)   section   533 of the Corporations Act and regulation   5.5.05 of the Corporations Regulations   2001 (as applied by section   526 - 35 of this Act); or

  (c)   a report by a special administrator under section   502 - 1 into an Aboriginal and Torres Strait Islander corporation, if the corporation has not agreed to allow the inspection of the report; or

  (d)   a report by an examiner under section   453 - 1 into an Aboriginal and Torres Strait Islander corporation, if the corporation has not agreed to allow the inspection of the report; or

  (e)   a document that has been destroyed or otherwise disposed of; or

  (f)   any other document specified in the regulations.