Victorian Consolidated Legislation

Co-operative Housing Societies Act 1958 - SECT 71B

Powers of examiners

71B. Powers of examiners



(1) An examiner in relation to an investigation being carried out by the
examiner-

   (a)  may administer an oath or affirmation;

   (b)  may require by notice in writing a person to attend at a time and
        place specified in the notice;

   (c)  may require a person attending at a specified time and place to answer
        any question put by the examiner;





   (d)  may require a person attending at a specified time and place to
        produce for inspection any documents of a society which the examiner
        believes on reasonable grounds are in the person's custody or control
        and relate to the investigation;

   (e)  may exercise any power conferred on the Registrar under section 66 or
        an investigator under section 69.



(2) A person is not excused from answering a question asked by an examiner on
the ground that the answer might tend to incriminate the person.

(3) If before answering a question, a person claims that the answer might tend
to incriminate him or her, the question and the answer are not admissible in
evidence against the person on any criminal proceedings other than proceedings
under section 71C or in relation to a charge of perjury in respect of the
answer.

(4) An examiner may direct that a record of an examination must be recorded or
transcribed in any manner that is authorised by Part VI of the
Evidence Act 1958.

(5) Except as otherwise provided in subsection (5), a record of an examination
may be used in any legal proceedings against the person who is examined.

(6) This section does not affect or limit the admissibility of other written
or oral evidence.

(7) A person is entitled, on written request, to a free copy of the record of
his or her examination.

(8) If a report is made, any record of examination that relates to that report
must be given with it.

(9) The Registrar may give a copy of the record of examination to an
Australian legal practitioner (within the meaning of the
Legal Profession Act 2004) who the Registrar is satisfied is acting for a
person who is conducting, or is in good faith contemplating, legal proceedings
in respect of any affairs of a society that are being investigated by an
examiner.

(10) An Australian legal practitioner may only use a copy of the record of
examination in connection with the institution or preparation of legal
proceedings, and in the course of those proceedings, and must not publish or
communicate to any person for any other purpose the record or any part of the
record.

Penalty: 10 penalty units or imprisonment for 3 months.