In force2020 Revised Edition

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Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 3 · Official Assignee, Official Receiver and Insolvency Practitioners

57. Power to require documents or information

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(1)

For the purposes of investigating whether any licensee has breached or contravened any requirement under this Act or condition of the licence, the licensing officer may, by notice in writing to any licensee, require that licensee to produce any document, or to provide any information, that —

(a)

is specified or described in the notice, or falls within a category of documents or information that is specified or described in the notice; and

(b)

the licensing officer considers to be relevant to the investigation.

(2)

A notice under subsection (1) must —

(a)

indicate the subject matter and purpose of the investigation; and

(b)

provide information on the offences under subsections (5), (9) and (10).

(3)

The licensing officer may specify in the notice —

(a)

the time and place at which any document is to be produced or any information is to be provided; and

(b)

the manner and form in which that document is to be produced or that information is to be provided.

(4)

The power under this section to require a licensee to produce a document includes the power —

(a)

if the document is produced —

(i)

to take copies of or extracts from the document; and

(ii)

to require that licensee, or any present or past employee of that licensee, to provide an explanation of the document; or

(b)

if the document is not produced, to require that licensee to state, to the best of that licensee’s knowledge and belief, where the document is.

(5)

Any person who fails to comply with a requirement imposed on the person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(6)

If a person is charged with an offence under subsection (5) in respect of a requirement to produce a document, it is a defence for the person to prove that —

(a)

the document was not in the person’s possession or under the person’s control; and

(b)

the person had a reasonable excuse for failing to comply with the requirement.

(7)

If a person is charged with an offence under subsection (5) in respect of a requirement —

(a)

to provide information;

(b)

to provide an explanation of a document; or

(c)

to state where a document is to be found,it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement.

(8)

Failure to comply with a requirement imposed under subsection (1) is not an offence if the licensing officer imposing the requirement has failed to act in accordance with subsections (1) and (2).

(9)

Any person who, having been required to produce a document under subsection (1) —

(a)

intentionally or recklessly destroys or otherwise disposes of the document;

(b)

falsifies or conceals the document; or

(c)

causes or permits the destruction, disposal, falsification or concealment of the document,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(10)

Any person who, pursuant to a notice under subsection (1), provides information or produces any document to the licensing officer knowing the information or document to be false or misleading in a material particular or being reckless as to whether the information or document is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.