30Subsection 13B(1)

30 Subsection 13B(1)

(1) A person appointed by APRA to investigate the affairs of an ADI under section 13 or 13A is entitled to have access to the books, accounts and documents of the ADI, and to require the ADI to give the person information or facilities to conduct the investigation. (1A) An ADI is guilty of an offence if:

(a) APRA has appointed a person to investigate the affairs of the ADI under section 13 or 13A; and

(b) the ADI:

(i) does not give the person access to its books, accounts and documents; or

(ii) fails to comply with a requirement made under subsection (1) for the provision of information or facilities; and

Note 2: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.

(1B) If the ADI does or fails to do an act in circumstances that give rise to the ADI committing an offence against subsection (1A), the ADI is guilty of an offence against that subsection in respect of:

(b) each subsequent day (if any) on which the circumstances that gave rise to the ADI committing the offence continue (including the day of conviction for any such offence or any later day).

Note: This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act or the regulations.