32DKeeping of records, &c.

### 32D Keeping of records, &c. > [*\[Section 32D Inserted by No. 40 of 2013, s. 5, Applied:21 Oct 2013\]*](/view/html/inforce/2013-10-21/act-2013-040#GS5@EN) > > > (1)  An enduring guardian must keep an accurate record of all dealings and transactions made by the person as the enduring guardian. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (2)  A person who has ceased to be an enduring guardian must – > > > > > > (a) retain, for at least 7 years after so ceasing, an accurate record of all dealings and transactions made as the enduring guardian; or > > > > > > > (b) [*\[Section 32D Subsection (2) amended by No. 18 of 2021, s. 132, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS132@Hpa@EN) provide to the Tribunal an accurate record of all dealings and transactions made as the enduring guardian. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (3)  [*\[Section 32D Subsection (3) amended by No. 18 of 2021, s. 132, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS132@Hpb@EN) A person with a proper interest in the matter may, in writing, request the Tribunal to exercise its power under [subsection (4)](#GS32D@Gs4@EN) in relation to a person who is or was an enduring guardian. > > > (4)  [*\[Section 32D Subsection (4) amended by No. 18 of 2021, s. 132, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS132@Hpe@EN) [*\[Section 32D Subsection (4) amended by No. 18 of 2021, s. 132, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS132@Hpc@EN) The Tribunal, after receiving under [subsection (3)](#GS32D@Gs3@EN) a request in relation to – > > > > > > (a) a person who is an enduring guardian; or > > > > > > > (b) [*\[Section 32D Subsection (4) amended by No. 18 of 2021, s. 132, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS132@Hpd@EN) a person who was, within the previous 7 years, an enduring guardian and who has not provided an accurate record to the Tribunal in accordance with [subsection (2)(b)](#GS32D@Gs2@Hpb@EN)  – > > > > may, by notice in writing to the person, require the person to provide to the Tribunal, within the period of not less than 14 days specified in the notice, a document setting out an accurate record of all dealings and transactions made by the person as an enduring guardian. > > > (5)  [*\[Section 32D Subsection (5) amended by No. 18 of 2021, s. 132, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS132@Hpf@EN) A person who receives a notice under [subsection (4)](#GS32D@Gs4@EN) must provide to the Tribunal, before the end of the period specified in the notice, a document setting out an accurate record of all dealings and transactions made by the person as the enduring guardian. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (6)  [*\[Section 32D Subsection (6) amended by No. 18 of 2021, s. 132, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS132@Hpg@EN) A document provided to the Tribunal by a person in accordance with a notice under [subsection (4)](#GS32D@Gs4@EN)  – > > > > > > (a) [*\[Section 32D Subsection (6) amended by No. 18 of 2021, s. 132, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS132@Hph@EN) is to be in a form approved by the Tribunal; and > > > > > > > (b) is to be verified by a statutory declaration that is signed by the person; and > > > > > > > (c) [*\[Section 32D Subsection (6) amended by No. 18 of 2021, s. 132, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS132@Hpi@EN) is to be accompanied by other evidence, if any, that the Tribunal specifies in the notice is required to accompany the document.