Document ID: chunk:federal_register_of_legislation:C2004A04480:body:0:p9
Version: federal_register_of_legislation:C2004A04480
Segment Type: other
Provision Reference: 
Character Range: 20157–22959

Principal Act is repealed and the following sections are substituted:

Examination of documents

"60.(1) The Registrar may, at any time, cause a person authorised by the Registrar for the purposes of this section to examine the documents of an Incorporated Aboriginal Association and to report to the Registrar on the results of that examination, drawing attention to any irregularity in the operations or financial affairs of the Association disclosed by that examination.

"(2) The authorised person is entitled at all reasonable times to full and free access to the documents of the Association.

"(3) The authorised person may make copies, or take extracts from, any such documents.

"(4) The authorised person may require any person to answer such questions, and produce such documents in the possession of the person, or to which the person has access, as the authorised person considers necessary for the purposes of this section.

"(5) A person who, without reasonable excuse, fails to comply with a requirement under subsection (4) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.

"(6) A person who, in answer to a requirement under subsection (4), makes a statement knowing it to be false or misleading in a material particular is guilty of an offence punishable, upon conviction, by a fine not exceeding $1,500.

"(7) A person is not excused from answering a question or producing a document when required to do so under subsection (4) 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 this section.

"(8) Before exercising powers under this section, the authorised person must produce written authority by the Registrar. If he or she fails to do so he or she has no powers under this section.

  "(9) In this section:

'document' means any document relating directly or indirectly to the operations of the Association, the receipt or payment of money by the

Association or the acquisition, receipt, custody or disposal of assets by the Association.

Registrar may require compliance with Act, etc.

  "60A.(1) If the Registrar suspects on reasonable grounds that:

    (a)     an Incorporated Aboriginal Association has failed to comply with a provision of this Act, the regulations or the Rules; or

    (b)    there has been an irregularity in the financial affairs of an Incorporated Aboriginal Association;

the Registrar may, by notice served on the public officer, require the Governing