Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p144
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 144/212)
Character Range: 379091–381842

offer that is an excluded invitation or an excluded offer.".

After subparagraph 1274 (2) (a) (i):

  Insert:

      "(ia) a document lodged under a provision of Chapter 7 (other than Part 7.12 or 7.13) or Chapter 8;".

After subsection 1274 (4):

  Insert:

"(4a) A person is not entitled under paragraph (2) (a) to require the production of the original of a document or certificate if the Commission keeps by means of a mechanical, electronic or other device a record of information set out in the document or certificate and:

     (a) the Commission produces to the person for inspection a writing that sets out what purports to be the contents of the document or certificate; or

     (b) the Commission causes to be displayed for the person what purports to be the contents of the document or certificate and, as at the time of the displaying, the person has not asked for the production of a writing of the kind referred to in paragraph (a).

  "(4b) Where:

     (a) a person makes under paragraph (2) (c) a requirement that relates to a document or certificate; and

     (b) the Commission keeps by means of a mechanical, electronic or other device a record of information set out in the document or certificate; and

     (c) pursuant to that requirement, the Commission gives a writing or document that sets out what purports to be the contents of:

       (i) the whole of the document or certificate; or

      (ii) a part of the document or certificate;

then, for the purposes of that paragraph, the Commission shall be taken to have given, pursuant to that requirement:

     (d) if subparagraph (c) (i) applies—a copy of the document or certificate; or

SCHEDULE 3—continued

     (e) if subparagraph (c) (ii) applies—an extract from the document or certificate setting out that part of it.

  "(4c) Where:

     (a) the requirement referred to in paragraph (4b) (a) includes a requirement that the copy or extract be certified; and

     (b) pursuant to that requirement, the Commission gives a writing or document as mentioned in paragraph (4b) (c);

then:

     (c) the Commission may certify that the writing or document sets out the contents of the whole or part of the document or certificate, as the case requires; and

     (d) the writing or document is, in a proceeding in a court, admissible as prima facie evidence of the information contained in it.".

Section 1274:

  Add at the end:

"(15) Where information about a person is included on a register kept by the Commission, the Commission may at any time, in writing, require that person to give the Commission specified information about the person, being information of the kind included on that register.

"(16) The person must provide the information within such