Document ID: chunk:federal_register_of_legislation:C2004A02473:body:0:p2
Version: federal_register_of_legislation:C2004A02473
Segment Type: other
Provision Reference: 
Character Range: 2419–5133

where a lesser percentage is prescribed by regulations in force for the time being for the purposes of section 11 of the Companies (Acquisition of Shares) Act 1980, a reference to that lesser percentage.".

Associated persons
5. Section 6 of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section:
"(4) A person shall not be taken to be associated with another person by virtue of paragraph (1) (b), (c), (e) or (f) by reason only that one of those persons furnishes advice to, or acts on behalf of, the other person, in the proper performance of the functions attaching to his professional capacity or to his business relationship with the other person.".

Power of Commission to require production of books
6. Section 8 of the Principal Act is amended—
    (a) by omitting paragraph (1a) (a) and substituting the following paragraph:
           "(a) for the purpose of the performance of a function or the exercise of a power by the Commission under an Act that is a relevant Act for the purposes of the Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 (other than the power of the Commission under sub-section 6 (3) of the National Companies and Securities Commission Act 1979) or under a law of a participating State or of a participating Territory that corresponds with such a relevant Act; or";
    (b) by inserting in sub-paragraph (1a) (b) (i) "or corresponding law" after "Act";
    (c) by inserting in paragraph (2) (a) "or, if a time and place at which the books are to be produced are specified in the notice, at that time and place," after "forthwith";
    (d) by inserting in paragraph (2) (b) "or, if a time and place at which the books are to be produced are specified in the notice, at that time and place," after "forthwith";
    (e) by inserting after sub-section (6) the following sub-section:
    "(6a) A person shall not be subject to any liability by reason that the person complies with a direction given or purporting to have been given under sub-section (1), or a requirement made or purporting to have been made under sub-section (2).";
    (f) by omitting from paragraph (8) (e) "its creditors" and substituting "another person or other persons".

Power of Magistrate to issue a warrant to seize books
7. Section 9 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections:
"(2) The information laid for the purposes of sub-section (1) shall state that the person laying the information suspects that there are on particular premises in the Territory books the production of which has been required under section 8 or under a provision of a law of a participating