Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_854a
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 854A
Character Range: 200000–201623

854A  Record‑keeping and giving of information

 (1) The regulations may make provision for and in relation to requiring a person:
 (a) to keep and retain records that are relevant to whether a person has voting power in a widely held market body and, if so, how much; and
 (b) to keep and retain records that are relevant to determining whether any disqualified individual is involved in a market licensee or a CS facility licensee; and
 (c) to give the Minister or ASIC information that is relevant to the matters mentioned in paragraphs (a) and (b); and
 (d) to give a widely held market body information that is relevant to the matter mentioned in paragraph (a).

 (2) The regulations may provide that information given in accordance with a requirement covered by paragraph (1)(c) or (d) must be verified by statutory declaration.

 (3) However, an individual is not required to give information in accordance with a requirement covered by paragraph (1)(c) or (d) if the information might tend to incriminate the individual or expose the individual to a penalty.

 (4) A person contravenes this section if:
 (a) the person makes or keeps a record in compliance, or purported compliance, with a requirement covered by subsection (1); and
 (b) the person does so knowing that the record:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the record is misleading.

Note: A contravention of this subsection is an offence (see subsection 1311(1)).

 (5) Regulations made for the purposes of this section may make provision for or in relation to a matter by conferring a power on the Minister.