Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_236
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 236
Character Range: 308285–310550

236  Registrar may direct organisation to deliver copy of records

Register kept under section 230

 (1) Where:
 (a) a member of an organisation requests a Registrar to give a direction under this subsection; and
 (b) the Registrar is satisfied:
 (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or
 (ii) that there are other grounds for giving a direction under this subsection;
the Registrar may direct the organisation to deliver to the Registrar a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.

Note: This subsection is a civil penalty provision (see section 305).

Copy kept under section 231

 (2) Where:
 (a) a member of an organisation requests a Registrar to give a direction under this subsection; and
 (b) the Registrar is satisfied that:
 (i) the member has been refused access to the copy of the register required to be kept under section 231; and
 (ii) the member has reasonable grounds for seeking access to the copy;
the Registrar may direct the organisation to deliver to the Registrar a copy of the copy, and the organisation must comply with the direction.

Note: This subsection is a civil penalty provision (see section 305).

 (3) A direction of the Registrar given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the Registrar. The period must not be less than 14 days after the direction is given.

 (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the Registrar agrees, in electronic form.

 (5) Where a Registrar receives a copy of a document from an organisation under this section, the Registrar may, if the Registrar considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.