Financial Accountability Regime Act 2023
62Regulator may request information
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62 Regulator may request information
Request for information from accountable entities (1) The Regulator may request an accountable entity to give to the Regulator information relating to any of the following: (a) the accountable entity; (b) a significant related entity of the accountable entity; (c) an accountable person of the accountable entity, or of a significant related entity of the accountable entity; (d) a related body corporate of the accountable entity; (e) a related body corporate of a significant related entity of the accountable entity; (f) if the accountable entity is an RSE licensee—a connected entity of the accountable entity.
Note 1: Failure to comply with the request is an offence (see section 63).
Note 2: For when bodies corporate are related, see section 8.
Request for information from significant related entities (2) The Regulator may request a significant related entity of an accountable entity to give to the Regulator information relating to any of the following: (a) the accountable entity; (b) the significant related entity; (c) an accountable person of the significant related entity; (d) a related body corporate of the significant related entity.
Note 1: Failure to comply with the request is an offence (see section 63).
Note 2: For when bodies corporate are related, see section 8.
Request for information from accountable persons (3) The Regulator may request an accountable person of an accountable entity, or of a significant related entity, to give to the Regulator information relating to: (a) the accountable entity; or (b) the significant related entity.
Note: Failure to comply with the request is an offence (see section 63).
Purposes of request (4) However, the Regulator may request information under this section only if: (a) the request is made for one or more of the following purposes: (i) performing a function or exercising a power of the Regulator under this Act; (ii) ensuring compliance with this Act; (iii) taking action in relation to non‑compliance, or suspected non‑compliance, with this Act; and (b) the Regulator has reasonable grounds to believe that the information is relevant to that purpose or those purposes. Requirements of request (5) The request: (a) must be made in writing; and (b) must state what information must be given to the Regulator; and (c) may require the information to be verified by statutory declaration; and (d) must specify a day on or before which the information must be given; and (e) must contain a statement to the effect that a failure to comply with the request is an offence; and (f) may include a requirement to produce books, accounts or documents. (6) The day specified under paragraph (5)(d) must be at least 14 days after the day on which the request was made.