Inspection of books
13 Inspection of books
The investigator, by force of this clause, has and may exercise the same powers as those conferred on the Australian Securities and Investments
Commission by sections 30(1), 34 and 37 to 39 of the
Australian Securities and Investments
Commission Act 2001 of the
Commonwealth.
Those provisions apply to the exercise of those powers, with the following modifications (and any other necessary modifications):
a reference to the Australian Securities and Investments Commission (however expressed) is taken to be a reference to the investigator;
a reference to a body corporate (including a body corporate that is not an exempt public authority) is taken to be a reference to an incorporated legal practice;
a reference to an eligible person in relation to an incorporated legal practice is taken to be a reference to an officer or employee of the incorporated legal practice;
a reference to a member or staff member is taken to be a reference to the appropriate authority or a person authorised by the appropriate authority who is an officer or employee of the authority;
a reference in section 37 of that Act to a proceeding is taken to be a reference to an investigation, examination or audit to which this Part applies.
In this clause—
appropriate authority means—
in the case of a complaint investigation—the Commissioner;
and
in the case of an ILP compliance audit, a trust account investigation or a trust account examination—the Society.
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