Document ID: chunk:federal_register_of_legislation:F2024C01150:schedule:1:p1
Version: federal_register_of_legislation:F2024C01150
Segment Type: schedule
Provision Reference: sch 1 (pt 1/3)
Character Range: 78656–81406

Schedule 1—Forms
(regulation 2)

Form 1—Notice requiring appearance at an examination or reasonable assistance in connection with an investigation
(regulation 4)

Australian Securities and Investment Commission Regulations 2001

Australian Securities and Investments Commission

NOTICE REQUIRING APPEARANCE AT AN EXAMINATION OR REASONABLE ASSISTANCE IN CONNECTION WITH AN INVESTIGATION
To: 1
In relation to an investigation of 2
you are notified that under subsection 19(2) of the Australian Securities and Investments Commission Act 2001 ('the Act') you are required:
 (a) to appear at 3 on
 4 at/using

 5 before 6
      for examination on oath or affirmation and to answer questions put to you in relation to the investigation; and
      (b) to give the Australian Securities and Investments Commission all reasonable assistance in connection with the investigation.
Please note the provisions of subsection 23(1) of the Act (relating to legal representation) and section 68 of the Act (relating to self‑incrimination). The effect of those provisions is set out at the end of this form.
Dated 4.
Signature of person authorised
by the Commission to conduct the
examination:

NOTICE OF RELEVANT STATUTORY PROVISIONS
   1. Subsection 23(1) of the Act provides that a person who is required to submit to an examination is entitled to have his or her lawyer attend the examination. It also provides that the person's lawyer may address the inspector or ask the person questions about matters raised with the person by the inspector.
   2. (1) You must not fail to comply with this notice without reasonable excuse (see subsection 63(1) of the Act).
    (2) It is not a reasonable excuse for failure to comply with this notice that giving information or signing a record or producing a book might tend to incriminate you or expose you to a penalty (see subsection 68(1) of the Act).
    (3) However, if:
           (a) before making an oral statement or signing a record in answer to this notice you claim that making the statement or signing the record might tend to incriminate you or expose you to a penalty; and
           (b) making the statement or signing the record might in fact tend to incriminate you or expose you to a penalty;
    the statement, or the fact that you have signed the record, is not admissible in evidence in any criminal proceedings, or proceedings for the imposition of a penalty, against you other than proceedings in respect of the falsity of the statement or the record.
   (4) The right to make a claim of this kind is not available to a body corporate (see subsections 68(2) and (3) of the Act).

1 insert full name and address of the person to whom the notice is to be given

2 insert the nature of the matter to