Financial Intermediaries Act 1996
sec.193Examination of officers
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sec.193 Examination of officers
If a society’s affairs are being investigated, an officer of the society must not— fail to comply with a requirement of an investigator under section 192 to the extent to which the officer is able to comply with it, unless the officer has a reasonable excuse; or in purported compliance with a requirement, knowingly give information that is false or misleading in a material particular; or when appearing before an investigator for examination under a requirement— state anything the officer knows is false or misleading in a material particular; or fail to be sworn or make an affirmation. Maximum penalty—800 penalty units or 4 years imprisonment. A legal practitioner acting for the officer— may attend the examination; and may examine the officer about matters in relation to which the investigator has questioned the officer; and to the extent the investigator permits—may address the investigator about matters in relation to which the investigator has questioned the officer. A person who complies with the requirement of an investigator under this section does not incur liability to another person merely because of the compliance. A person required to attend for examination under this part is entitled to the allowances and expenses prescribed under a regulation. It is a reasonable excuse for an officer to fail to comply with a requirement of an investigator under section 192 if complying with the requirement might tend to incriminate the officer. (sec.193-ssec.1) If a society’s affairs are being investigated, an officer of the society must not— fail to comply with a requirement of an investigator under section 192 to the extent to which the officer is able to comply with it, unless the officer has a reasonable excuse; or in purported compliance with a requirement, knowingly give information that is false or misleading in a material particular; or when appearing before an investigator for examination under a requirement— state anything the officer knows is false or misleading in a material particular; or fail to be sworn or make an affirmation. Maximum penalty—800 penalty units or 4 years imprisonment. (sec.193-ssec.2) A legal practitioner acting for the officer— may attend the examination; and may examine the officer about matters in relation to which the investigator has questioned the officer; and to the extent the investigator permits—may address the investigator about matters in relation to which the investigator has questioned the officer. (sec.193-ssec.3) A person who complies with the requirement of an investigator under this section does not incur liability to another person merely because of the compliance. (sec.193-ssec.4) A person required to attend for examination under this part is entitled to the allowances and expenses prescribed under a regulation. (sec.193-ssec.5) It is a reasonable excuse for an officer to fail to comply with a requirement of an investigator under section 192 if complying with the requirement might tend to incriminate the officer.