4ASIC entitled to control of records of James Hardie Special Commission of Inquiry

4 ASIC entitled to control of records of James Hardie Special Commission of Inquiry

4 ASIC entitled to control of records of James Hardie Special Commission of Inquiry

(1) ASIC is, by force of this section, entitled to control of any record that was made, kept or received by the James Hardie Special Commission of Inquiry that ASIC, in the performance of its functions or exercise of its powers under Commonwealth law, requests a public office entitled to control of the record under section 7 of the State Records Act 1998 to provide or make available to it.

(2) ASIC may give possession or custody, for any purpose it considers appropriate in the performance of its functions or exercise of its powers under Commonwealth law, of any record that it has in its control under this Part to the ACCC or any other person, whether within or outside New South Wales.

(3) For the purposes of this section, an entitlement of ASIC to control of a record is an entitlement to possession and custody of the record (including by having it in the possession or custody of some other person whether within or outside New South Wales).

Note—

Under section 127 (4) of the Australian Securities and Investments Commission Act 2001 of the Commonwealth, the Chairperson of ASIC can authorise the use or disclosure of information ASIC has been given in connection with the performance of its functions or the exercise of its powers to enable or assist a government, or an agency (such as the US Securities Exchange Commission), of a foreign country to perform a function, or exercise a power, conferred by a law in force in that foreign country.

s 4: Am 2004 No 90, Sch 1 [2].