Document ID: chunk:federal_register_of_legislation:C2004A02381:body:0:p2
Version: federal_register_of_legislation:C2004A02381
Segment Type: other
Provision Reference: 
Character Range: 2638–5397

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; or
         (b) where the requirement relates to a matter that constitutes or may constitute—
            (i) a contravention of, or failure to comply with, a provision of such a relevant Act; or
            (ii) an offence relating to securities that involves fraud or dishonesty.";

     (b) by omitting from sub-section (1) "if it considers there is sufficient reason to do so, by writing" and substituting "by notice in writing";
     (c) by omitting from sub-paragraph (iv) of paragraph (a) of sub-section (1) "or" (last occurring);
     (d) by inserting after sub-paragraph (v) of paragraph (a) of sub-section (1) the following word and sub-paragraph:
            "; or (va) any other person who, in the opinion of the Commission, has been a party to any dealing in securities,";
     (e) by omitting from paragraph (a) of sub-section (2) "or (v)" and substituting ", (v) or (va)";
     (f) by inserting in paragraph (a) and paragraph (b) of sub-section (2) "by notice in writing" after "require"; and
     (g) by omitting sub-paragraphs (ii) and (iii) of paragraph (a) of sub-section (6) and substituting the following sub-paragraphs:
          "(ii) may require the other person, or any person who was party to the compilation of the books, to make a statement providing any explanation that the person concerned is able to provide as to any matter relating to the compilation of the books or as to any matter to which the books relate;
          (iii) may retain possession of the books for such period as is necessary to enable the books to be inspected, and copies of, or extracts from, the books to be made or taken, by or on behalf of the Commission; and".

Power of magistrate to issue warrant to seize books
6. Section 9 of the Principal Act is amended—
     (a) by omitting sub-section (3) and substituting the following sub-section:
     "(3) Where, under this section, a person takes possession of, or secures against interference, any books, and a person has a lien on the books, the taking of possession of the books or the securing of the books against interference does not prejudice the lien.";
     (b) by omitting paragraphs (b) and (c) of sub-section (4) and substituting the following paragraphs:
          "(b) may require any person who was a party to the compilation of the books to make a statement providing any explanation that that person is able to provide as to any matter relating to the compilation of the books or as to any matter to which the books relate;
          (c) may retain possession of the books for such period as is necessary to