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s 433

Record of examination

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Part 15Supervision and protection of co‑operatives
Division 2Inquiries

433 Record of examination

(1)

Except as provided by section 429, a record of an examination may be used in proceedings against the person examined, but this does not preclude the admission of other written or oral evidence.

(2)

A person examined is, on written application made to the investigator, entitled to a free copy of the record of examination.

(3)

The Registrar may provide a legal practitioner with a copy of a record of examination made by an investigator if the Registrar is satisfied that the legal practitioner is conducting, or is in good faith contemplating, legal proceedings in respect of affairs of the co‑operative to which the record relates.

(4)

A legal practitioner must not —

(a)

use a copy of a record of examination otherwise than for the preparation for, institution of, or conduct of, legal proceedings; or

(b)

publish or communicate the record or any part of it for any other purpose.

Penalty for this subsection: a fine of $6 000.

[Section 433 amended: No. 7 of 2016 s. 200.]

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