Investigation notices about associated entities
237A Investigation notices about associated entities
This section applies if—
the commissioner believes on reasonable grounds that a person can produce a document or anything else, or give evidence, about whether an entity is, or was at a particular time, an associated entity; and
the person is, or has been, the financial controller or an officer or employee of the entity.
The commissioner may give to the person a notice (an investigation notice) requiring the person—
to produce to the commissioner, within the time and in the way stated in the notice, a document, or something else, stated in the notice; or
to appear, at a time and place stated in the notice, before the commissioner to give evidence, orally or in writing, and to produce a document, or something else, stated in the notice.
The time stated in the notice must not be earlier than 28 days after the day the notice is given to the person.
If the investigation notice requires someone other than the financial controller of the associated entity to appear before the commissioner, the financial controller is entitled—
to attend the investigation; or
to nominate someone else to attend on the financial controller’s behalf.
The commissioner may conduct the investigation even though the person to whom the notice was given contravenes the notice to attend.
If the commissioner gives an investigation notice to a person, the commissioner must also give the person an internal review notice about the decision to give the person the notice.
The person is taken not to have failed to comply with the notice if the person makes application under section 247 (Applications for internal review) for review of the decision and the application has not been decided.
The commissioner may require a person to whom an investigation notice has been given to give evidence on oath, and for that purpose may administer an oath.
Note For the taking of an oath or the making of an affirmation, see the Oaths and Affirmations Act 1984.
This section is in addition to, and does not limit, section 237 (Investigation notices generally).
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