13General powers of investigation

#### 13 General powers of investigation (1) The Commission may make such investigation as it thinks expedient for the due administration of a national scheme law of this jurisdiction where it has reason to suspect that there may have been committed: (a) a contravention of a national scheme law; or (b) a contravention of a law of the Commonwealth or of a State or Territory, being a contravention that: (i) concerns the management or affairs of a body corporate or managed investment scheme; or (ii) involves fraud or dishonesty and relates to a body corporate or managed investment scheme or to securities or futures contracts. (2) Where the Commission has reason to suspect that unacceptable circumstances within the meaning of Subdivision B of Division 2 of Part 6.12 of the Corporations Law of this jurisdiction have, or may have, occurred, the Commission may make such investigation as it thinks expedient: (a) for the purposes of determining whether or not to make an application under section 657C of that Law; or (b) otherwise for the due administration of a national scheme law. (3) Where the Commission has reason to suspect that a contravention of a relevant previous law of this jurisdiction may have been committed, the Commission may make such investigation as it thinks appropriate. (4) Neither of subsections (1) and (3) limits the generality of the other. (5) Where: (a) immediately before the commencement of this subsection, the NCSC was investigating a matter under a relevant previous law of this jurisdiction; and (b) either or both of subsections (1) and (3) empower the Commission to investigate that matter; then: (c) the Commission may continue the NCSC’s investigation of that matter; and (d) the investigation, as continued by the Commission, is taken to be an investigation under that subsection, or each of those subsections, as the case may be. (6) If the Commission has reason to suspect that a contravention of a provision of Division 2 of Part 2 may have been committed, the Commission may make such investigation as it thinks appropriate. > Note: See section 12B on the application of this subsection as a law of a State.