COMPANIES ACT 1981 No. 89 of 1981 - SECT 306 Provisions relating to reports

COMPANIES ACT 1981 No. 89 of 1981 - SECT 306

306. (1) Subject to sub-section (3), a copy of a final report prepared
pursuant to section 305 shall, and a copy of the whole or any part of an
interim report may if the Commission thinks fit, be sent by the Commission to
the registered office of the corporation to which the report relates, being
the registered office in the place where the corporation was formed, and a
copy of a report so sent shall, at the request of an applicant under section 
290 , be furnished to him by the Commission.

(2) Subject to sub-sections (3) and (4), the Commission shall give a copy of a
report made under this Part to each other person to whom, in the opinion of
the Commission, the report ought to be given by reason that it relates to
affairs of that person to a material extent.

(3) The Commission is not bound to furnish a corporation or any other person
with a copy of any part of a report made under this Part or with a complete
copy of such a report if the Commission is of the opinion that there is good
reason for not divulging the contents of the report or of parts of the report.

(4) Subject to sub-section (5), the Commission shall not give a copy of a
report under this Part to a person under sub-section (2) if the Commission
believes that legal proceedings that have been, or that in its opinion might
be, instituted might be unduly prejudiced by giving the report to that person.

(5) A court before which legal proceedings are brought against a person for or
in respect of matters dealt with in a report under this Part may order that a
copy of the report or of a part of the report be given to that person.

(6) Subject to sub-section (7)-

   (a)  the Ministerial Council may cause to be printed and published the
        whole or any part of a report under this Part that relates to an
        investigation the expenses of which are, under the Agreement, to be
        borne by the Commission; and

   (b)  the Minister may cause to be printed and published the whole or any
        part of a report under this Part that relates to an investigation the
        expenses of which are, under the Agreement, to be borne by the
        Commonwealth.

(7) Where-

   (a)  the Ministerial Council or the Minister would, but for this
        sub-section, have power to publish a report;

   (b)  the Ministerial Council or the Minister, as the case may be, receives-

        (i)    a certificate of the Attorney-General of a State stating that
               the publication of the report would be prejudicial to the
               administration of justice in that State;

        (ii)   a certificate of the Attorney-General of the Commonwealth
               stating that the publication of the report would be prejudicial
               to the administration of justice in a Territory (not being the
               Northern Territory) specified in the certificate; or

        (iii)  a certificate of the Attorney-General of the Northern Territory
               stating that the publication of the report would be prejudicial
               to the administration of justice in that Territory; and

   (c)  the Ministerial Council or the Minister, as the case may be, has not
        received a further certificate of that Attorney-General stating that
        the publication of the report would no longer be prejudicial to the
        administration of justice in the relevant State or Territory, the
        Ministerial Council or the Minister, as the case may be, shall not
        cause or permit that report to be published in whole or in part.

(8) If from a report under this Part or from the record of an examination
under this Part, it appears to the Commission that an offence may have been
committed by a person and that a prosecution ought to be instituted, the
Commission shall cause a prosecution to be instituted and prosecuted.

(9) Where it appears to the Commission that a prosecution ought to be
instituted, it may, by notice in writing given before or after the institution
of a prosecution in accordance with sub-section (8), require a person whom it
suspects or believes on reasonable grounds to be capable of giving information
concerning any matter to which the prosecution relates (not being a person who
is or, in the opinion of the Commission, is likely to be a defendant in the
proceedings or is or has been a duly qualified legal practitioner acting for
such a person) to give all assistance in connection with the prosecution or
proposed prosecution that he is reasonably able to give.

(10) Where a person to whom a notice has been given under sub-section (9)
fails to comply with a requirement specified in the notice, the Court may, on
the application of the Commission, direct that person to comply with the
requirement.

(11) If, from a report under this Part, or from the record of an examination
under this Part, the Commission is of the opinion that proceedings ought in
the public interest to be brought by a corporation for the recovery of damages
in respect of fraud, negligence, default, breach of trust, breach of duty or
other misconduct in connection with affairs of, or for the recovery of
property of, the corporation to which the report or record relates, the
Commission may cause proceedings to be brought accordingly in the name of the
corporation.

(12) A copy of a report of an inspector under this Part purporting to be
certified as such a report by the Commission is admissible in civil
proceedings as evidence of-

   (a)  the inspector's report of his opinion for the purposes of paragraph
        364 (1) (g) or sub-paragraph 470 (1) (c) (iv); and

   (b)  any facts or matters stated in the report to have been found to exist
        by the inspector.

(13) A copy of a report of the Commission under this Part purporting to be
certified as such a report by the Commission is admissible in civil
proceedings as evidence of-

   (a)  the Commission's report of its opinion for the purposes of paragraph
        364 (1) (g) or sub-paragraph 470 (1) (c) (iv); and

   (b)  any facts or matters stated in the report to have been found to exist
        by the Commission.