sec.26Books, accounts and records to be produced upon demand

### sec.26 Books, accounts and records to be produced upon demand Upon request by an auditor appointed by the Minister under section 21 or 22 or by a person who produces a written authority in that behalf given under section 24 (1) (c) — a trustee and, where the trustee carries on practice or business in partnership, the other members of the partnership and the trustee’s employees and agents and, where the trustee carries on practice or business in partnership, any of the firm’s employees and agents shall produce any books, accounts and records of and trust moneys and securities held by the trustee relating to his or her practice or business and where the trustee carries on practice or business in partnership, held by the firm relating to its practice or business; and an auditor appointed by a trustee shall produce any books, accounts and records held by the trustee relating to the practice or business of the trustee and where the trustee carries on practice or business in partnership, to the firm’s practice or business. A trustee and, where the trustee carries on practice or business in partnership, the other members of the partnership and the trustee’s employees and agents and, where the trustee carries on practice or business in partnership, any of the firm’s employees and agents and any auditor appointed by the trustee shall answer all questions relevant to the examination and audit which are put to him or her by an auditor appointed by the Minister under section 21 or 22 or by a person who produces a written authority in that behalf given under section 24 (1) (c) . Where the Minister has appointed an auditor under section 21 or 22 , and the Minister is satisfied that the auditor has reasonable grounds for suspecting or believing that trust moneys have been paid by the trustee in question to any person, on demand in writing in that behalf by the Minister, any such person and, where the person is a corporation, the officers of the corporation shall produce to the auditor or a person who produces a written authority in that behalf given under section 24 (1) (c) , any books, accounts or other records of that person relevant to trust moneys paid to the person by the trustee and any person on whom a demand in writing is made under this subsection including the officers of a corporation shall be deemed to be an agent of the trustee for the purposes of section 24 (1) and subsection (2) of this section. Where books, accounts or records are produced under this section, the auditor or person to whom they are produced may take possession thereof for such period as the auditor or the person to whom they are produced considers necessary for the purposes of the examination and audit and during that period the auditor or person in possession under this subsection shall permit a person who would be entitled to inspect those books, accounts or records if they were not in possession of the auditor or the person who produced the written authority referred to in subsection (1) to inspect at all reasonable times such of those books, accounts or records as that person would be so entitled to inspect. A person must not— contravene subsection (1) , (2) or (3) ; or give to an auditor appointed under section 21 or 22 or a person who produces a written authority given under section 24 (1) (c) a false or misleading answer to a question asked under subsection (2) ; or impede, delay or otherwise obstruct, or attempt to impede, delay or otherwise obstruct a person mentioned in paragraph (b) who is exercising powers or performing duties under this Act. Maximum penalty—20 penalty units or 1 year’s imprisonment. s 26 amd 10 May 1994 RA s 39; 1995 No. 58 s 4 sch 1 ; 1997 No. 55 s 22 (sec.26-ssec.1) Upon request by an auditor appointed by the Minister under section 21 or 22 or by a person who produces a written authority in that behalf given under section 24 (1) (c) — a trustee and, where the trustee carries on practice or business in partnership, the other members of the partnership and the trustee’s employees and agents and, where the trustee carries on practice or business in partnership, any of the firm’s employees and agents shall produce any books, accounts and records of and trust moneys and securities held by the trustee relating to his or her practice or business and where the trustee carries on practice or business in partnership, held by the firm relating to its practice or business; and an auditor appointed by a trustee shall produce any books, accounts and records held by the trustee relating to the practice or business of the trustee and where the trustee carries on practice or business in partnership, to the firm’s practice or business. (sec.26-ssec.2) A trustee and, where the trustee carries on practice or business in partnership, the other members of the partnership and the trustee’s employees and agents and, where the trustee carries on practice or business in partnership, any of the firm’s employees and agents and any auditor appointed by the trustee shall answer all questions relevant to the examination and audit which are put to him or her by an auditor appointed by the Minister under section 21 or 22 or by a person who produces a written authority in that behalf given under section 24 (1) (c) . (sec.26-ssec.3) Where the Minister has appointed an auditor under section 21 or 22 , and the Minister is satisfied that the auditor has reasonable grounds for suspecting or believing that trust moneys have been paid by the trustee in question to any person, on demand in writing in that behalf by the Minister, any such person and, where the person is a corporation, the officers of the corporation shall produce to the auditor or a person who produces a written authority in that behalf given under section 24 (1) (c) , any books, accounts or other records of that person relevant to trust moneys paid to the person by the trustee and any person on whom a demand in writing is made under this subsection including the officers of a corporation shall be deemed to be an agent of the trustee for the purposes of section 24 (1) and subsection (2) of this section. (sec.26-ssec.4) Where books, accounts or records are produced under this section, the auditor or person to whom they are produced may take possession thereof for such period as the auditor or the person to whom they are produced considers necessary for the purposes of the examination and audit and during that period the auditor or person in possession under this subsection shall permit a person who would be entitled to inspect those books, accounts or records if they were not in possession of the auditor or the person who produced the written authority referred to in subsection (1) to inspect at all reasonable times such of those books, accounts or records as that person would be so entitled to inspect. (sec.26-ssec.5) A person must not— contravene subsection (1) , (2) or (3) ; or give to an auditor appointed under section 21 or 22 or a person who produces a written authority given under section 24 (1) (c) a false or misleading answer to a question asked under subsection (2) ; or impede, delay or otherwise obstruct, or attempt to impede, delay or otherwise obstruct a person mentioned in paragraph (b) who is exercising powers or performing duties under this Act. Maximum penalty—20 penalty units or 1 year’s imprisonment. - (a) a trustee and, where the trustee carries on practice or business in partnership, the other members of the partnership and the trustee’s employees and agents and, where the trustee carries on practice or business in partnership, any of the firm’s employees and agents shall produce any books, accounts and records of and trust moneys and securities held by the trustee relating to his or her practice or business and where the trustee carries on practice or business in partnership, held by the firm relating to its practice or business; and - (b) an auditor appointed by a trustee shall produce any books, accounts and records held by the trustee relating to the practice or business of the trustee and where the trustee carries on practice or business in partnership, to the firm’s practice or business. - (a) contravene subsection (1) , (2) or (3) ; or - (b) give to an auditor appointed under section 21 or 22 or a person who produces a written authority given under section 24 (1) (c) a false or misleading answer to a question asked under subsection (2) ; or - (c) impede, delay or otherwise obstruct, or attempt to impede, delay or otherwise obstruct a person mentioned in paragraph (b) who is exercising powers or performing duties under this Act.