Futures Industry Regulations
NOTICE OF REQUIREMENT BY AN INSPECTOR INNOTICE OF REQUIREMENT BY AN INSPECTOR INVESTIGATING MATTERS RELATING TO DEALING IN FUTURES CONTRACTS
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NOTICE OF REQUIREMENT BY AN INSPECTOR INVESTIGATING MATTERS RELATING TO DEALING IN FUTURES CONTRACTS
To: (1)
In relation to an investigation of (2) ................................
.............................................................
.............................................................
TAKE NOTICE that under subsection 25 (1) of the Futures Industry Act 1986 you are required—
(a) to appear on (3) ....... 19 , at (4) ........... before (5) ......................
at (6) ...............................................
...................................................
for examination on oath or affirmation and to answer questions put to you in relation to the investigation;
(b) to produce to (5) ..................... on (3) ............................. 19 ....., at (4)...............at (6) ................................................the following books : (7) ..........................................and all such other books in your custody or under your control as relate to the investigation; and
(c) to give to (5) ........................................
all reasonable assistance in connection with the investigation.
Dated 19 .
Signature of the person carrying out the investigation:
(1) Insert the full name and address of the person to whom notice is to be given.
(2) State the nature of the matter to which the investigation relates.
(3) Insert the date.
(4) Insert the time.
(5) Insert full name of the person carrying out the investigation.
(6) Insert full particulars of the place at which the requirement is to be satisfied.
(7) Describe books that are to be produced.
NOTICE OF RELEVANT STATUTORY PROVISIONS
- In relation to subsections 25 (1) and (2) of the Futures Industry Act 1986, subsections 25 (5), (9) and (10) provide as follows:
“(5) A prescribed person shall not, without reasonable excuse, refuse or fail to comply with a requirement made under subsection (1).
Penalty: $10,000 or imprisonment for 2 years, or both.
“(9) A duly qualified legal practitioner acting for a prescribed person:
(a) may attend an examination of that person; and
(b) may, at such times during the examination as the inspector determines:
(i) address the inspector; and
(ii) examine that person,
in relation to matters in respect of which the inspector has questioned that person.