Document ID: chunk:federal_register_of_legislation:C2004C01296:clause:1_335
Version: federal_register_of_legislation:C2004C01296
Segment Type: clause
Provision Reference: sch 1 cl 335
Character Range: 53997–55730

335  Conduct of investigations

 (1) This section applies to:
 (a) a designated officer or employee of the organisation concerned; and
 (b) a former designated officer or employee of the organisation; and
 (c) a person who held the position of auditor of the organisation during the period that is the subject of the investigation;
if a Registrar has reason to believe that the person:
 (d) has information or a document that is relevant to the investigation; or
 (e) is capable of giving evidence which the Registrar has reason to believe is relevant to the investigation.

 (2) For the purpose of making an investigation, the Registrar may, by written notice, require the person:
 (a) to give to the Registrar, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and
 (b) to produce or make available to the Registrar, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access; and
 (c) to attend before the Registrar, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the Registrar all records and other documents in the custody or under the control of the person relating to those matters.

 (3) A notice requiring a person to attend must state that the person may be accompanied by another person. The other person may be, but does not have to be, a lawyer.