Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:3_648q:p1
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 3 cl 648Q (pt 1/3)
Character Range: 972748–975379

648Q  Access to index and recordings

Index

 (1) The recording custodian must not use, or disclose the contents of, the entries in the index if it is not necessary to do so for the purpose of ensuring compliance with the Corporations legislation.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (2) The recording custodian must not allow another person to look at the entries in the index if subsection (3) does not require the custodian to do so.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (3) The recording custodian must, for the purpose of ensuring compliance with the Corporations legislation, allow:
 (a) if the recording custodian is not the recorder—the recorder, or a person authorised in writing by the recorder, to look at the entries in the index; and
 (b) the holder who was party to the telephone call, or a person authorised in writing by the holder, to look at the entry in the index that relates to the recording of the call; and
 (c) if Division 3 of Part 3 of the Australian Securities and Investments Commission Act 2001 requires the custodian to allow ASIC to see the entries in the index—ASIC; and
 (d) if the court has made an order (including an order to produce the index in court) requiring the custodian to allow a person or persons to see the entries in the index, or a specific entry in the index—that person or those persons to look at the entries or the specific entry.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (4) A person who has looked at an entry in the index must not use, or disclose the contents of, the entry if it is not necessary to do so for the purpose of ensuring compliance with the Corporations legislation.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (5) The recording custodian must not give possession of the index to another person if:
 (a) the court does not order the custodian to do so; and
 (b) Division 3 of Part 3 of the Australian Securities and Investments Commission Act 2001 does not require the custodian to do so.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

Recording

 (6) The recording custodian must not use, or disclose the contents of, the recording if it is not necessary to do so for the purpose of ensuring compliance with the Corporations legislation.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (7) The recording custodian must not allow another person to listen to the recording if subsection