Australian Securities and Investments Commission Act 2001
31Notice to produce books about financial products
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31 Notice to produce books about financial products
(1) ASIC may give to: (a) the operator of a financial market, clearing and settlement facility or derivative trade repository; or (b) a member of the board of the operator of a financial market, clearing and settlement facility or derivative trade repository; or (c) a person who either carries on or has carried on (either alone or together with any other person or persons) a financial services business, or who is a representative of such a person; or (d) 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; or (e) an eligible person in relation to a person of a kind referred to in paragraph (a), (b), (c) or (d); or (f) any other person who, in ASIC’s opinion, has been a party to a dealing in financial products; a written notice requiring the production to a specified member or staff member, at a specified place and time, of specified books relating to: (g) the business or affairs of a financial market, clearing and settlement facility or derivative trade repository; or (h) a dealing in financial products; or (j) advice given, or an analysis or report issued or published, about financial products; or (k) the character or financial position of, or a business carried on by, a person of a kind referred to in paragraph (c) or (d); or (m) an audit of, or a report of an auditor about, a dealing in financial products or accounts or records of a person who either carries on or has carried on (either alone or together with any other person or persons) a financial services business, or who is a representative of such a person.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 63).
(2) A reference in subsection (1) to a dealing in financial products, or to a business carried on by a person, includes a reference to a dealing in financial products by a person as a trustee, or to a business carried on by a person as a trustee, as the case may be.