NSWIn ForceAct
Strata Schemes Management Act 2015
188EPower of Secretary to require answers
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#### 188E Power of Secretary to require answers
188E Power of Secretary to require answers
> > (1) The Secretary may direct a person to answer questions about a matter if the Secretary—
> >
> > > (a) reasonably suspects the person to have knowledge of the matter, and
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> > > (b) reasonably requires information about the matter for an authorised purpose.
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> > (2) The direction may require the answers to be—
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> > > (a) written, or
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> > > (b) given verbally—
> > >
> > > > (i) in person, or
> > >
> > > > (ii) by audio link or audio visual link.
>
> > (3) The Secretary may direct an owners corporation to nominate an individual to answer questions on behalf of the owners corporation.
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> > (4) The nomination must be—
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> > > (a) in writing, and
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> > > (b) given to the Secretary within the time required in the direction.
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> > (5) The individual must be a director or other officer of the owners corporation.
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> > (6) Answers given by the individual bind the owners corporation.
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> > (7) The Secretary may direct the person or nominated individual to attend at a specified place and time to answer questions if—
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> > > (a) the answers must be given verbally, and
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> > > (b) attendance at the place is reasonably required for the questions to be properly put and answered.
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> > (8) The place and time must be reasonable in the circumstances.
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> > (9) A direction under this section must be in writing.
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> > (10) A person must not fail to comply with a direction under this section.
> >
> > Maximum penalty for subsection (10)—
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> > > (a) for an individual—
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> > > > (i) 20 penalty units, and
> > >
> > > > (ii) for a continuing offence—2 penalty units for each day the offence continues, or
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> > > (b) otherwise—
> > >
> > > > (i) 100 penalty units, and
> > >
> > > > (ii) for a continuing offence—10 penalty units for each day the offence continues.
>
> **s 188E:** Ins 2025 No 14, Sch 1\[55\].