NSWIn ForceAct
Harness Racing Act 2009
41Production of records to HRNSW
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#### 41 Production of records to HRNSW
41 Production of records to HRNSW
> > (1) In this section—
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> > records includes—
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> > > (a) documents, registers and other records of information, and
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> > > (b) invoices, receipts, orders for the payment of money, bills of exchange, promissory notes, vouchers and other records of transactions, and
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> > > (c) such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up,
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> > however compiled, recorded or stored.
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> > (2) HRNSW may at any time, by notice in writing, give a direction to—
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> > > (a) a harness racing club, or
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> > > (b) a person who is or has been an officer or employee of, or an agent, banker, Australian legal practitioner, auditor or other person acting in any capacity for or on behalf of, a harness racing club (including such a club that is in the course of being wound up or has been dissolved),
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> > requiring the production, at such time and place as are specified in the direction, of such records relating to the affairs of the harness racing club as are so specified.
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> > (3) Where any records relating to the affairs of a harness racing club are compiled, recorded or stored by means of a mechanical, electronic or other device, a direction under subsection (2) may require the production of a document containing a clear reproduction in writing of the whole or any part of those records.
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> > (4) A person must not, when required under subsection (2) to produce a record—
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> > > (a) refuse or neglect to produce the record, or
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> > > (b) produce a record that contains information that to the person’s knowledge is false or misleading in a material particular unless the person discloses that fact when producing the record.
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> > Maximum penalty—5 penalty units.
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> > (5) A reference in this section to the affairs of a harness racing club is a reference to the affairs of the club that relate, directly or indirectly, to harness racing.
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> > (6) A power of HRNSW to give a direction under this section does not affect any power of HRNSW to give a direction under section 29. However, a person is not liable to a penalty under both section 30 and this section in respect of a direction to the person that relates to the same records or information.