Document ID: chunk:federal_register_of_legislation:C2004A04480:body:0:p11
Version: federal_register_of_legislation:C2004A04480
Segment Type: other
Provision Reference: 
Character Range: 25277–28095

failed to comply with a provision of this Act, the regulations or the Rules of the corporation; or

     (b)     there has been an irregularity in the corporation's financial affairs.

"(2) For the purposes of the investigation, the Registrar may, by notice in writing given to a person whom the Registrar believes to have some knowledge of the affairs of the corporation, require that person to attend before the Registrar at a time and place specified in the notice and there to answer such questions, and produce such documents in the possession of the person, or to which the person has access, as the Registrar considers necessary.

"(3) A person is not excused from answering a question or producing a document when required to do so under subsection (2) on the ground that the answer to the question, or the production of the document, might tend to incriminate the person or make the person liable to a penalty, but the answer, the production of the document, or anything obtained as a direct or indirect consequence of the answer or the production, is not admissible in evidence against the person in any proceedings, other than proceedings for an offence against subsection 69(2).".

Offences

  22. Section 69 of the Principal Act is amended:

     (a) by inserting after paragraph (1)(b) the following word and paragraph:

     "or (c) to produce a document;";

  (b)    by omitting from subsection (1) "$50" and substituting "$200";

    (c)     by omitting "68(3)" (wherever occurring) and substituting "68(2)".

23. Sections 71 to 77 of the Principal Act are repealed and the following sections are substituted:

Appointment of Administrator

"71.(1) If the Registrar considers that there may be grounds for appointing an Administrator, the Registrar may serve on the public officer of the corporation a notice in writing calling upon the corporation to show cause, within a reasonable period specified in the notice, why an Administrator should not be appointed.

"(2) After that period, and having considered any representations made by the corporation, the Registrar may appoint an Administrator if satisfied that any of the following grounds have been established:

    (a)     in the case of an Incorporated Aboriginal Association—the Association has been trading at a loss for at least 6 months during the preceding period of 12 months;

    (b)     the Council or the Governing Committee, as the case may be, has failed to comply with a provision of this Act, the regulations or the Rules, and has failed to provide a satisfactory explanation;

    (c)     in the case of an Incorporated Aboriginal Association—the members of the Governing Committee have acted in the affairs of the Association in their own interests rather than in the interests of the members of the Association or otherwise in