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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.