CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 453.1 Examination of books
CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 453.1
Examination of books(1) The Registrar may, at any time, cause an authorised officer to examine the books of an Aboriginal and Torres Strait Islander corporation, or a related body corporate, and to report to the Registrar on the results of that examination, drawing attention to any or all of the following matters:
(a) if the corporation has failed to comply with a provision of this Act or the corporation's constitution;
(b) an alleged or suspected contravention of a law of the Commonwealth, or of a State or Territory, being a contravention that concerns the management or examinable affairs of an Aboriginal and Torres Strait Islander corporation or a related body corporate, or involves fraud or dishonesty and relates to an Aboriginal and Torres Strait Islander corporation or a related body corporate;
(c) if there has been an irregularity in the operations or examinable affairs of the corporation;
(d) if circumstances exist that constitute, or may constitute, grounds for appointing a special administrator for the corporation;
(e) if circumstances are likely to occur or develop and that, if they were to occur or develop, may constitute grounds for appointing a special administrator for the corporation.
(2) The authorised officer is entitled, at all reasonable times, to full and free access to the books of the corporation and any related body corporate.
(3) The authorised officer may make copies, or take extracts from, any such books.
(4) The authorised officer may require any person to produce such books of the corporation, or a related body corporate, in the possession of the person, or to which the person has access, as the authorised officer considers necessary for the purposes of this section.
(5) A person who fails to comply with a requirement under subsection (4) commits an offence.
(6) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(7) A report under subsection (1) is not a legislative
instrument.