Document ID: chunk:federal_register_of_legislation:C2025C00182:section:43:p2
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 43 (pt 2/2)
Character Range: 352926–354512

or a representative of such a person; and
 (ii) has dealt in, has given advice about, or has issued or published an analysis or report about, such financial products;
 (d) the financial position of a business carried on by a nominee controlled by a person of a kind referred to in paragraph (c) or jointly controlled by 2 or more persons at least one of whom is such a person;
 (e) an audit of, or a report of an auditor about, accounts or records of a person who carries on or has carried on (either alone or together with any other person or persons) a financial services business, or a representative of such a person, being accounts or records relating to dealings in such financial products;
ASIC may require the person to disclose to it the information that the person has about those particular matters.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 63).
 (3A) An offence under subsection 63(2) relating to subsection (2) or (3) of this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) ASIC must not exercise a power conferred by subsection (2) or (3) except:
 (a) if paragraph (1)(a) applies—for the purpose of determining whether or not to exercise a power as mentioned in that paragraph; or
 (b) if paragraph (1)(b), (c) or (d) applies—for the purpose of investigating the possible contravention; or
 (c) if paragraph (1)(e) or (f) applies—for the purpose of determining whether or not to make an application under section 657C or 657G of the Corporations Act.