Trustees Act 1967 · 2020 Revised Edition · Part 7 · Transparency and Effective Control
84G. Power to require production of information, etc.
Feedback & supportLast amended by an amending law of 2024.
This section applies if the Commissioner reasonably believes that a person has any information or any document or material in the person’s possession, custody or control that is relevant for the purpose of investigating any offence under this Part.
possession
“possession” includes receipt of rents and profits or the right to receive the same, if any;
Subject to subsections (3) and (4), the Commissioner may do any one or more of the following:
require the person to, without charge, produce the information, document or material, in the form and manner and at the time, specified by the Commissioner;
require the person to, without charge, give the Commissioner access to the information, document or material, in the form and manner and at the time, specified by the Commissioner;
inspect and make copies of, or take extracts from, any document or material mentioned in paragraph (a) or (b);
if the information, document or material is recorded in an electronic form, or contained in or available to a computer or other equipment — require the person to —
provide assistance in gaining access to any computer or other equipment in which the information, document or material is stored; and
provide the information, document or material, or a copy of the information, document or material in the form or format specified by the Commissioner.
Subsection (4) applies if the power in subsection (2) relates to —
the production of customer information by a financial institution; or
access to customer information kept by a financial institution.
Despite section 84B(2), the power in subsection (2) —
may only be exercised by the Commissioner personally or an authorised officer who is a public officer; and
must not be exercised by an authorised officer who is not a public officer.
In this section, “customer information” —
in relation to a bank or merchant bank — has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank;
in relation to a licensed trust company — means information protected under section 49 of the Trust Companies Act 2005; and
in relation to any other financial institution — means any information relating to, or any particulars of, an account of a customer of the financial institution or funds of a customer under management by the financial institution, but does not include any information that is not referable to any named person or group of named persons.