New South Wales Consolidated Acts

CO-OPERATIVE HOUSING AND STARR-BOWKETT SOCIETIES ACT 1998 - SECT 28

28 Obtaining information etc

(1) The Registrar may, if it is reasonably necessary for the purposes of the Registrar’s functions under this Act, by written notice given to a co-operative housing body, or a body corporate related to a co-operative housing body, require the co-operative housing body or body corporate:

(a) to give to the Registrar, within a reasonable period and in a reasonable way specified in the notice, specified information and reports, and

(b) to give to the Registrar, at the reasonable times and in a reasonable way specified in the notice, periodic reports on specific matters, and

(c) to notify the Registrar, within the reasonable time and in a reasonable way specified in the notice, if:

(i) a specified event or change of circumstances happens, or

(ii) the co-operative housing body or body corporate becomes aware that a specified event or change of circumstances is likely to happen.

(2) The Registrar may, if it is reasonably necessary for the purposes of the Registrar’s functions under this Act, by written notice given to a services corporation, or a body corporate related to a services corporation, require the services corporation or body corporate to give to the Registrar, within a reasonable time and in a reasonable way specified in the notice, specified information.

(3) A co-operative housing body, body corporate or services corporation that, without reasonable excuse, fails to comply with a requirement under subsection (1) or (2) to the extent that it is capable of doing so commits an offence.

Maximum penalty: 50 penalty units.

(4) It is not a reasonable excuse for a co-operative housing body, body corporate or services corporation to fail to comply with a requirement under subsection (1) or (2) that complying with the requirement might tend to incriminate the co-operative housing body, body corporate or services corporation.

(5) The fact that information or a report or notification was given by a co-operative housing body, body corporate or services corporation under subsection (1) or (2) is not admissible in evidence against the co-operative housing body, body corporate or services corporation in a criminal proceeding (other than a proceeding in relation to the falsity of the information, report or notification) if:

(a) the co-operative housing body, body corporate or services corporation, before giving the information, report or notification (the "relevant action") claimed that the relevant action might tend to incriminate the co-operative housing body, body corporate or services corporation, and

(b) the relevant action might in fact tend to incriminate the co-operative housing body, body corporate or services corporation.