Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 37K

Functions of inspectors in relation to relevant documents

37K. Functions of inspectors in relation to relevant documents



(1) An inspector has the following powers in relation to relevant documents
produced to the inspector pursuant to a requirement made under this Part-

   (a)  power to take possession of the documents or secure them against
        interference;

   (b)  power to make copies, or take extracts from, the documents;

   (c)  power to require any person who was party to the creation of the
        documents to make a statement providing any explanation that the
        person is able to provide as to any matter relating to the creation of
        the documents or as to any matter to which the documents relate;

   (d)  power to retain possession of the documents for such reasonable period
        as is necessary to enable the documents to be inspected, and copies
        of, or extracts from, the documents to be made or taken.

(2) While an inspector retains possession of a document, the inspector must
permit a person who would be entitled to inspect the document were it not in
the possession of the inspector to inspect the document at any reasonable time
and make a copy of, or take extracts from, the document.

(3) If an inspector takes possession of or secures against interference any
relevant document and a person has a lien on the document, the inspector's
actions do not prejudice the lien.





(4) An inspector must not take possession of a document apparently in the
possession or custody of a person unless the inspector makes out and tenders
to the person a written receipt-

   (a)  identifying the document; and

   (b)  stating the name of the inspector and the reason why the document is
        being seized.