Document ID: chunk:federal_register_of_legislation:C2025C00185:section:597:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 597 (pt 1/3)
Character Range: 2128025–2130596

597  Conduct of examination
 (4) An examination is to be held in public except to such extent (if any) as the Court considers that, by reason of special circumstances, it is desirable to hold the examination in private.
 (5A) Any of the following may take part in an examination:
 (a) ASIC;
 (b) any other eligible applicant in relation to the corporation;
and for that purpose may be represented by a lawyer or by an agent authorised in writing for the purpose.
 (5B) The Court may put, or allow to be put, to a person being examined such questions about the corporation or any of its examinable affairs as the Court thinks appropriate.
 (6) A person who is summoned under section 596A or 596B to attend before the Court must not intentionally or recklessly:
 (a) fail to attend as required by the summons; or
 (b) fail to attend from day to day until the conclusion of the examination.
 (6A) Subsection (6) does not apply to the extent that the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6A), see subsection 13.3(3) of the Criminal Code.
 (7) A person who attends before the Court for examination must not:
 (a) without reasonable excuse, refuse or fail to take an oath or make an affirmation; or
 (b) without reasonable excuse, refuse or fail to answer a question that the Court directs him or her to answer; or
 (c) make a statement that is false or misleading in a material particular; or
 (d) without reasonable excuse, refuse or fail to produce books that the summons requires him or her to produce.
 (9) The Court may direct a person to produce, at an examination of that or any other person, books that are in the first‑mentioned person's possession and are relevant to matters to which the examination relates or will relate.
 (9A) A person may comply with a direction under subsection (9) by causing the books to be produced at the examination.
 (10) Where the Court so directs a person to produce any books and the person has a lien on the books, the production of the books does not prejudice the lien.
 (10A) A person must not refuse, or intentionally or recklessly fail, to comply with a direction under subsection (9).
 (11) Subsection (10A) does not apply to the extent that the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (11), see subsection 13.3(3) of the Criminal Code.
 (12) A person is not excused from answering a question put to the person at an examination on the ground that the answer might tend