Power to inspect financial records
33 Power to inspect financial records
(1) For an investigation, the ICAC may give a written notice to a deposit holder requiring the deposit holder to permit a person specified in the notice to inspect and take copies of financial records.
(2) The notice must be given to the deposit holder not less than 3 days before the inspection is to occur, unless the ICAC otherwise directs.
(3) For the inspection, the person specified in the notice may give directions to, or impose requirements on, the deposit holder or an officer or employee of the deposit holder.
(4) The ICAC must keep a record of each notice and inspection under this section that identifies:
the investigation to which the inspection relates; and
the relevance of the inspection to the investigation.
In this section:
credit provider means a credit provider within the meaning of the National Credit Code in Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth).
deposit holder means:
an ADI; or
a friendly society; or
(c) a person who, or body that, holds money in accounts on behalf of other persons; or
a credit provider; or
a person who carries on business as a pawnbroker; or
an institution of a kind prescribed by regulation.
financial records means any of the following in the possession or control of a deposit holder:
(a) books of account, accounts and accounting records (including working papers and other items necessary to explain the methods and calculations by which accounts are made up);
(b) books, diaries or other records used in the course of carrying on the business of a deposit holder;
(c) cheques, bills of exchange, promissory notes, deposit slips, orders for the payment of money, invoices, receipts and vouchers;
securities and documents of title to securities.
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