Keeping of records, &c.
32D Keeping of records, &c.
An enduring guardian must keep an accurate record of all dealings and transactions made by the person as the enduring guardian. Fine not exceeding 20 penalty units.
A person who has ceased to be an enduring guardian must – retain, for at least 7 years after so ceasing, an accurate record of all dealings and transactions made as the enduring guardian; or provide to the Tribunal an accurate record of all dealings and transactions made as the enduring guardian. Fine not exceeding 20 penalty units.
A person with a proper interest in the matter may, in writing, request the Tribunal to exercise its power under subsection (4) in relation to a person who is or was an enduring guardian.
The Tribunal, after receiving under subsection (3) a request in relation to – a person who is an enduring guardian; or a person who was, within the previous 7 years, an enduring guardian and who has not provided an accurate record to the Tribunal in accordance with subsection (2)(b) – may, by notice in writing to the person, require the person to provide to the Tribunal, within the period of not less than 14 days specified in the notice, a document setting out an accurate record of all dealings and transactions made by the person as an enduring guardian.
A person who receives a notice under subsection (4) must provide to the Tribunal, before the end of the period specified in the notice, a document setting out an accurate record of all dealings and transactions made by the person as the enduring guardian. Fine not exceeding 20 penalty units.
A document provided to the Tribunal by a person in accordance with a notice under subsection (4) – is to be in a form approved by the Tribunal; and is to be verified by a statutory declaration that is signed by the person; and is to be accompanied by other evidence, if any, that the Tribunal specifies in the notice is required to accompany the document.
This Act’s bill:Explanatory notesSecond reading speech
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