Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commissioner
may require the manager or other officer for the time being in charge of an
authorised financial institution as defined in Schedule 1 to give to the
Commissioner such information as the Commissioner requires in relation to
accounts referred to in clause 2(3)(a) and (b) of that Schedule,
including information as to the balances of and amounts of interest paid on
such accounts.
(2) A requirement
under subsection (1) —
(a)
shall be given by notice in writing to the manager or other officer required
to give the information;
(b)
shall specify the time at or within which the information is to be given;
(c) may,
by its terms, require that the information be —
(i)
given in writing;
(ii)
certified as correct by a person who is registered as an
auditor, or taken to be registered as an auditor, under Part 9.2 of the
Corporations Act 2001 of the Commonwealth and is specified in the
requirement;
(iii)
given at or sent or delivered to any place specified in
the requirement;
(iv)
sent or delivered by any means specified in the
requirement; and
(v)
given on oath or affirmation or by statutory declaration;
and
(d)
shall state that the manager or other officer is required under this Act to
give the information.
(3) A person shall
not, without reasonable excuse, refuse or fail to comply with a requirement
under subsection (1).
Penalty: $3 000.
(4) A person shall not
give information in response to a requirement under subsection (1) that
the person knows is false or misleading in a material particular.
Penalty: $3 000.
(5) It is a defence in
proceedings for an offence against subsection (3) for the person to show
that —
(a) the
notice under subsection (2)(a) did not state that the person was required
under this Act to give the information; or
(b) the
time specified in the requirement did not give the person sufficient notice to
enable compliance with the requirement.
(6) Where a person is
required to give information under subsection (1), the person shall not
refuse to comply with that requirement on the ground that the information may
tend to incriminate the person or render the person liable to any penalty.
(7) Despite
subsection (6), information given under this section is not admissible in
evidence in any proceedings against the person other than proceedings in
respect of an offence against subsection (4).
[Section 29A inserted by No. 59 of 1995
s. 48; amended by No. 10 of 2001 s. 220.]