Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:3_648q:p2
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 3 cl 648Q (pt 2/3)
Character Range: 975116–977665

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 (8) does not require the custodian to do so.

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

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

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

 (9) A person who has listened to the recording 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)).

 (10) The recording custodian must not give possession of the recording 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)).

Regulations

 (11) The regulations may prescribe the way in which the recording custodian is to allow a person to access the index or recording under this section, and may allow the custodian to require a person to pay a reasonable fee for such access.

Court powers

 (12) The court may make an order requiring the recording custodian:
 (a) to allow a person to look at the entries, or a specific entry, in the index; or
 (b) to allow a person to listen to the recording; or
 (c) to require the custodian to produce the index or recording in court; or
 (d) to require the custodian to give possession of the index or recording to another person.