Document ID: chunk:federal_register_of_legislation:C2025C00182:section:31
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 31
Character Range: 317334–319412

31  Notice to produce books about financial products
 (1) ASIC may give to:
 (a) the operator of a financial market, clearing and settlement facility or derivative trade repository; or
 (b) a member of the board of the operator of a financial market, clearing and settlement facility or derivative trade repository; or
 (c) a person who either carries on or has carried on (either alone or together with any other person or persons) a financial services business, or who is a representative of such a person; or
 (d) a nominee controlled by a person of a kind referred to in paragraph (c) or jointly controlled by 2 or more persons at least one of whom is such a person; or
 (e) an eligible person in relation to a person of a kind referred to in paragraph (a), (b), (c) or (d); or
 (f) any other person who, in ASIC's opinion, has been a party to a dealing in financial products;
a written notice requiring the production to a specified member or staff member, at a specified place and time, of specified books relating to:
 (g) the business or affairs of a financial market, clearing and settlement facility or derivative trade repository; or
 (h) a dealing in financial products; or
 (j) advice given, or an analysis or report issued or published, about financial products; or
 (k) the character or financial position of, or a business carried on by, a person of a kind referred to in paragraph (c) or (d); or
 (m) an audit of, or a report of an auditor about, a dealing in financial products or accounts or records of a person who either carries on or has carried on (either alone or together with any other person or persons) a financial services business, or who is a representative of such a person.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 63).
 (2) A reference in subsection (1) to a dealing in financial products, or to a business carried on by a person, includes a reference to a dealing in financial products by a person as a trustee, or to a business carried on by a person as a trustee, as the case may be.