Document ID: chunk:federal_register_of_legislation:C2025C00185:section:422d:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 422D (pt 1/2)
Character Range: 1457305–1459952

422D  Transfer of books to ASIC etc.

Transfer of books to ASIC
 (1) If a person ceases to act as a controller of property of a corporation, ASIC may, by written notice given to the person, require the person to:
 (a) if the person has possession or control of books relating to the control of that property of the corporation in his or her possession or control—transfer possession or control of those books to ASIC within the period specified in the notice; or
 (b) otherwise—notify ASIC, within the period and in the manner specified in the notice, that the person does not have books relating to the control of that property of the corporation in the person's possession or control.

Offence
 (2) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1); and
 (b) the person intentionally or recklessly fails to comply with the requirement.
Penalty: 50 penalty units.

ASIC must transfer books to new controller
 (3) If:
 (a) possession or control of books relating to the control of property of a corporation is transferred to ASIC under this section; and
 (b) the books are in ASIC's possession or control; and
 (c) a person (the new controller) is or becomes:
 (i) the controller of that property of the corporation; or
 (ii) if the corporation is a company under external administration—the external administrator of the company;
ASIC must, as soon as practicable, transfer possession or control of those books to the new controller.

ASIC must transfer books to company
 (4) If:
 (a) possession or control of books relating to the control of property of a corporation is transferred to ASIC under this section; and
 (b) the books are in ASIC's possession or control; and
 (c) it is unlikely that another person will be appointed as:
 (i) the controller of that property of the corporation; or
 (ii) if the corporation is a company under external administration—the external administrator of the company;
ASIC must, as soon as practicable, transfer possession or control of those books to the relevant corporation.

Lien against books not prejudiced
 (5) If asic is entitled to take possession or control of the books under this section:
 (a) a person is not entitled, as against ASIC, to claim a lien on the books; and
 (b) such a lien is not otherwise prejudiced.
 (6) If ASIC is required to give possession or control of the books to the new controller under this section:
 (a) a person is not entitled, as against the new controller, to claim a lien on the books; and
 (b) such a lien is not otherwise prejudiced.

Notice is not a legislative instrument
 (7) A notice under subsection (1) is not