100Statutory manager may request information etc. to be given

100 Statutory manager may request information etc. to be given

(1) A statutory manager of a body corporate may, in writing, request a person to whom subsection (2) applies to:

(a) attend on the statutory manager; or

(b) give the statutory manager any information relating to the body corporate’s:

(i) business, assets and other property; and

(ii) affairs and financial circumstances;

that the statutory manager reasonably believes would assist the statutory manager in performing the statutory manager’s functions, or exercising the statutory manager’s powers; or

(c) allow the statutory manager to inspect and take copies of the body corporate’s books;

at the times and in the manner reasonably required by the statutory manager.

(2) This subsection applies to a person who:

(a) is an officer of the body corporate; or

(b) was an officer of the body corporate:

(i) at any time when the body corporate was under statutory management; or

(ii) any time occurring during the 3 years ending when the body corporate began to be under statutory management.

(3) A request to give information may include a request to produce books, accounts or documents.

(4) A person contravenes this subsection if:

(a) the person is given a request under subsection (1); and

(b) the person fails to comply with the request.

(5) Subsection (4) does not apply to the extent that the person is not capable of complying with the request because the information:

(a) is not within the knowledge or control of the person; or

(b) cannot reasonably be ascertained by the person.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence

(6) A person commits an offence if the person contravenes subsection (4).

Note: An individual can commit an ancillary offence that is either an offence against this subsection or an offence relating to this subsection (see Part 2.4 of the Criminal Code).

Penalty:

(a) for a body corporate—600 penalty units; and

(b) for an individual—imprisonment for 12 months or 60 penalty units, or both.

Civil penalty provision

(7) A person is liable to a civil penalty if the person contravenes subsection (4).

Note: An individual may be liable for an ancillary contravention of this civil penalty provision (see section 92 of the Regulatory Powers Act).