ASSOCIATIONS INCORPORATION ACT 1985 - SECT 11
ASSOCIATIONS INCORPORATION ACT 1985 - SECT 11
11—Power of Commission to carry out investigations in relation to books
(1) Subject to this
Division, where an authorised person exercises a power under this Division to
require another person to produce books—
(a) if
the books are produced, the authorised person—
(i)
may take possession of the books and may make copies of,
or take extracts from, the books; and
(ii)
may require the other person, or any person who was party
to the compilation of the books, to make a statement providing any explanation
that the person concerned is able to provide as to any matter relating to the
compilation of the books or as to any matter to which the books relate; and
(iii)
may retain possession of the books for such period as is
necessary to enable the books to be inspected, and copies of, or extracts
from, the books to be made or taken, by or on behalf of the Commission; and
(iv)
during that period must permit a person who would be
entitled to inspect any one or more of the books if they were not in the
possession of the authorised person to inspect that book or those books at any
reasonable time; or
(b) if
the books are not produced, the authorised person may require the other
person—
(i)
to state, to the best of his or her knowledge and belief,
where the books may be found; and
(ii)
to identify the person who, to the best of his or her
knowledge and belief, last had custody of the books and to state, to the best
of his knowledge and belief, where that person may be found.
(2) Where an
authorised person exercises a power under this Division to require another
person to produce books that are recorded, kept and reproduced by electronic
means, the other person may comply with the requirement to produce those books
by providing a printed reproduction of the information contained in the books.
(3) Where this
Division confers a power on an authorised person to require a person to
produce books relating to affairs of an incorporated association, the
authorised person also has power to require that person (whether or not he or
she requires that person to produce books and whether or not any books are
produced pursuant to such a requirement), so far as the other person is able
to do so, to identify property of the association and explain the manner in
which the association has kept account of that property.