Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p43
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 43/59)
Character Range: 116956–119748

for the relevant material within 5 business days after the direction is given.
 (2) A direction under subsection (1) is not a legislative instrument.

70‑75  Inspector‑General must notify trustee before giving a direction under section 70‑70
 (1) Before giving the trustee a direction under section 70‑70, the Inspector‑General must give the trustee notice in writing:
 (a) stating that the Inspector‑General proposes to give the trustee a direction under that section; and
 (b) identifying:
 (i) the relevant material, or the part of the relevant material, that the Inspector‑General proposes to direct be given; and
 (ii) the person or persons to whom the Inspector‑General proposes to direct that the relevant material, or that part of the relevant material, be given; and
 (c) inviting the trustee to make a written submission to the Inspector‑General within 10 business days after the notice is given, stating:
 (i) whether the trustee has any objection to giving the relevant material, or that part of the relevant material, to a person or persons as proposed; and
 (ii) if the trustee has such an objection—the reasons for that objection.
 (2) If the trustee objects to giving the relevant material, or part of the relevant material, to a person, the Inspector‑General must take into account the reasons for that objection when deciding whether to direct that the relevant material, or that part of the relevant material, be given to the person.
 (3) A notice under subsection (1) is not a legislative instrument.

70‑80  Inspector‑General must not direct trustee to give the relevant material if trustee entitled not to comply with the request
  The Inspector‑General must not give a direction under section 70‑70 to give the relevant material, or part of the relevant material, to a person if the Inspector‑General is satisfied that the trustee was entitled, under a provision of this Act or any other law, not to comply with the request for the relevant material, or that part of the relevant material, to the person.

70‑85  Inspector‑General may impose conditions on use of the relevant material

Inspector‑General may, by notice, impose conditions
 (1) The Inspector‑General may, by notice in writing to the person or persons to whom the relevant material is to be given, impose conditions on the use and disclosure of the relevant material, or part of the relevant material, by the person or persons.

Offence
 (2) A person commits an offence if:
 (a) the Inspector‑General directs that the relevant material, or part of the relevant material, be given to the person; and
 (b) the Inspector‑General has given the person notice under subsection (1) imposing a condition in relation to the use or disclosure of that material by the person; and
 (c) the person does not comply with