Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:2:p11
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 2 (pt 11/20)
Character Range: 78170–80803

the Principal Act is amended by omitting from sub-section (1) "the Commissioner" and substituting "the relevant authority".
PART XV—AMENDMENTS OF THE COMPANIES ACT 1981

Principal Act
84. The Companies Act 198113 is in this Part referred to as the Principal Act.

85. After section 16 of the Principal Act the following section is inserted in Division 1 of Part II:

Investigation of certain matters
"16a. Where the Commission has reason to suspect that a person has committed an offence under a provision of this Act, the Commission may make such investigation as the Commission thinks expedient for the due administration of this Act.".

Cancellation or suspension of registration
86. Section 27 of the Principal Act is amended by inserting after sub-section (11) the following sub-sections:
"(11a) The Chairman or a member of the Board may summon a person to appear before the Board at a hearing held for the purposes of this section to give evidence and to produce such documents (if any) as are referred to in the summons, being documents relating to the matters that are the subject of the hearing.
"(11b) The Board may, at a hearing, take evidence on oath or affirmation and for that purpose the Chairman or a member of the Board may—
    (a) require a person appearing at the hearing to give evidence either to take an oath or make an affirmation; and
    (b) administer an oath or affirmation to a person so appearing at the hearing.
"(11c) The oath or affirmation to be taken or made by a person for the purposes of sub-section (11b) is an oath or affirmation that the answers he will give to the questions asked him will be true.
"(11d) A person shall not—
    (a) insult the Chairman or a member of the Board in the performance of his functions or the exercise of his powers as a member at a hearing before the Board held for the purposes of this section;
    (b) interrupt a hearing before the Board held for the purposes of this section;
    (c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Board is conducting a hearing for the purposes of this section; or
    (d) do any other act that would, if the Board were a court of record, constitute contempt of that court.
Penalty: $1,000 or imprisonment for 3 months.".

Interpretation
87. Section 38 of the Principal Act is amended—
    (a) by omitting sub-section (2) and substituting the following sub-section:
    "(2) Notwithstanding sub-section (1), a name—
         (a) that, in the opinion of the Commission, so closely resembles a name that is reserved or registered under this Division as to be likely to