ASSOCIATIONS INCORPORATION ACT 1985 - SECT 62
ASSOCIATIONS INCORPORATION ACT 1985 - SECT 62
62—Examination of persons concerned with associations
(1) In this section, a
reference, in relation to an association, to a prescribed person, is to be
construed as a reference to a liquidator or provisional liquidator of the
association or to any other person authorised by the Commission to make
applications under this section or to make an application under this section
in relation to that association.
(2) Where it appears
to the Commission or to a prescribed person that—
(a) a
person who has taken part or been concerned in the formation, management,
administration or winding up of, or has otherwise taken part or been concerned
in affairs of, an association has been, or may have been, guilty of fraud,
negligence, default, breach of trust, breach of duty or other misconduct in
relation to that association; or
(b) a
person may be capable of giving information in relation to the formation,
management, administration or winding up of, or otherwise in relation to
affairs of, an association,
the Commission or prescribed person may apply to the Supreme Court for an
order under this section in relation to the person.
(3) Where an
application is made under subsection (2) in relation to a person, the
Court may, if it thinks fit, order that the person attend before the Court on
a day and at a time to be fixed by the Court to be examined on oath or
affirmation on any matters relating to the formation, management,
administration or winding up of, or otherwise relating to affairs of, the
association concerned.
(4) An examination
under this section must be held in private except to such extent (if any) as
the Court considers that, by reason of special circumstances, it is desirable
to hold the examination in public.
(5) The Court, on
making an order for an examination, or at any later time, on the application
of any person concerned, may give such directions as to the matters to be
inquired into, and, subject to subsection (4), as to the procedure to be
followed (including, in the case of an examination in private, directions as
to the persons who may be present), as it thinks fit.
(6) A person who is
ordered under subsection (3) to attend before the Court must not, without
reasonable excuse—
(a) fail
to attend as required by the order; or
(b) fail
to attend from day to day until the conclusion of the examination.
Maximum penalty: $10 000 or imprisonment for two years.
(7) A person attending
before the Court for examination pursuant to an order made under
subsection (3) must not refuse or fail to take an oath or make an
affirmation.
Maximum penalty: $10 000 or imprisonment for two years.
(8) A person attending
before the Court for examination pursuant to an order made under
subsection (3) must not refuse or fail to answer a question that he or
she is directed by the Court to answer.
Maximum penalty: $10 000 or imprisonment for two years.
(9) A person attending
before the Court for examination pursuant to an order made under
subsection (3), if directed by the Court to produce any books in his or
her possession or under his or her control relevant to the matters on which he
or she is to be, or is being, examined, must not refuse or fail to comply with
the direction.
Maximum penalty: $10 000 or imprisonment for two years.
(10) Where the Court
so directs a person to produce any books and the person has a lien on the
books, the production of the books does not prejudice the lien.
(11) A person
attending before the Court for examination pursuant to an order made under
subsection (3) must not make any statement that is false or misleading in
a material particular.
Maximum penalty: $10 000 or imprisonment for two years.
(12) A person is not
excused from answering a question put to him or her at an examination held
pursuant to an order made under subsection (3) on the ground that the
answer might tend to incriminate him or her but, where the person claims,
before answering the question, that the answer might tend to incriminate him
or her, the answer is not admissible in evidence against him or her in
criminal proceedings other than proceedings under this section or other
proceedings in respect of the falsity of the answer.
(13) The Court may
order the questions put to a person and the answers given by him or her at an
examination under this section to be recorded in writing and may require him
or her to sign that written record.
(14) Subject to
subsection (12), any written record of an examination so signed by a
person, or any transcript of an examination of a person that is authenticated
as provided by the rules of the Court, may be used in evidence in any legal
proceedings against the person.
(15) An examination
under this section may, if the Court so directs and subject to the rules of
the Court, be held before such other court as is specified by the Court and
the powers of the Court under this section may be exercised by that other
court.
(16) A person ordered
to attend before the Court or another court for examination under this section
may, at his or her own expense, employ a solicitor, or a solicitor and
counsel, and the solicitor or counsel, as the case may be, may put to him or
her such questions as the Court, or the other court (as the case may be)
considers just for the purpose of enabling him or her to explain or qualify
any answers or evidence given by him or her.
(17) The Court or
another court before which an examination under this section takes place may,
if it thinks fit, adjourn the examination from time to time.
(18) Where the Court
that made the order under subsection (3) for an examination is satisfied
that the order for the examination was obtained without reasonable cause, the
Court may order the whole or any part of the costs incurred by the person
ordered to be examined to be paid by the applicant or by any other person who,
with the consent of the Court, took part in the examination.