Record-keeping and information giving
7 Record-keeping and information giving
The regulations may make provision for or with respect to requiring a person—
to keep and retain records, where the records are relevant to an ownership matter, and
to give information to the Treasurer or a floated transaction company that is relevant to—
an ownership matter, or
ascertaining whether Part 1 of this Schedule has been or is being complied with.
The regulations may provide that information given in accordance with a requirement of regulations made for the purposes of subclause (1) (b) must be verified by statutory declaration.
A person is not excused from giving information in accordance with a requirement of regulations made for the purposes of subclause (1) (b) on the ground that the information may tend to incriminate the person or expose the person to a penalty.
However, any information obtained from a natural person in compliance with a requirement of regulations made for the purposes of subclause (1) (b) is not admissible against the person in criminal proceedings other than proceedings for an offence under this clause.
A person must keep records, and provide information, in compliance with any requirements of regulations made for the purposes of subclause (1) (b).
Maximum penalty—50 penalty units.
In this clause—
control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.
ownership matter means any of the following matters—
whether a person holds a particular type of stake in a floated transaction company and, if so, the level of that stake,
whether the directors of a floated transaction company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person (either alone or together with associates),
whether a person (either alone or together with associates) is in a position to exercise control over a floated transaction company.
This provision refers to the regulations (The regulations may make
, The regulations may provide
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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