34Obligation to cooperate with examination

34 Obligation to cooperate with examination

34 Obligation to cooperate with examination

(1) An ELNO or a subscriber in relation to whom a compliance examination is being conducted must cooperate fully with the person conducting the compliance examination for the purpose of ensuring that the person is able to conduct a proper compliance examination.

(2) In particular, an ELNO or a subscriber must comply with any reasonable requirement by the person conducting the compliance examination—

(a) to furnish specified information or to produce specified documents for the purposes of the compliance examination, or

(b) to take specified action for the purposes of the compliance examination.

(3) If an ELNO fails, without reasonable excuse, to cooperate as required by this section, the Registrar may take any action that the Registrar is authorised to take under the operating requirements and that the Registrar considers appropriate, which may include (without limitation) the suspension or revocation of the ELNO’s approval under section 20.

(4) If a subscriber fails, without reasonable excuse, to cooperate as required by this section, the Registrar may take any action that the Registrar is authorised to take under the operating requirements, the participation rules or the land titles legislation and that the Registrar considers appropriate.

(5) For the purposes of subsections (3) and (4), it is not a reasonable excuse for a person to fail to give stated information, answer a question or to produce a document that giving the information, answering the question or producing the document might tend to incriminate the person or make the person liable to a penalty.

(6) However, the following is not admissible in evidence against an individual in a criminal proceeding—

(a) information provided by an individual in compliance with a requirement made under this section,

(b) an answer given by an individual in response to a question asked under this section,

(c) a document produced by an individual in compliance with a requirement made under this section (other than a document to which subsection (7) applies),

(d) information directly or indirectly derived from—