South Australian Consolidated Acts

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LEGAL PRACTITIONERS ACT 1981 - SECT 35

35—Obtaining information for purposes of audit or examination

        (1)         An approved auditor or an inspector appointed under this Division may require a prescribed person to furnish or produce specified information or documents or information or documents of a specified kind (including authorities and orders to ADIs or others) that are reasonably required for the purposes of an audit or examination under this Division.

        (2)         An inspector appointed under this Division may require an approved auditor to produce to the inspector any documents used, prepared or obtained by the auditor in the course of auditing any accounts and records as required by this Division (but the auditor cannot be required to produce the auditor's own working papers).

        (3)         A person who, without reasonable excuse, refuses or fails to comply forthwith with a requirement of an approved auditor or inspector under this section is guilty of an offence.

Maximum penalty: $10 000.

        (4)         In this section—

"financial institution" means an ADI, insurance company, trustee company, broker or other body or person that carries on a business involving the acceptance of money on deposit or by way of investment;

"prescribed person" means—

            (a)         the legal practitioner or former legal practitioner whose accounts or records are being audited or examined; or

            (b)         a person who is, or was formerly, the partner, employer, employee or agent of the legal practitioner or former legal practitioner; or

            (c)         a financial institution with which the legal practitioner or former legal practitioner has deposited or invested money.



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