Co-operatives Act 2009

An investigator may, and if directed by the Registrar to do so must, make interim reports to the Registrar on any inquiry being held by the investigator.

As soon as practicable after the end of an inquiry, the investigator must report to the Registrar —

the opinion of the investigator in relation to the affairs of the co‑operative the subject of the inquiry; and

the findings on which the opinion is based.

An investigator’s report may include a recommendation as to whether —

a direction should be made under section 437(3); or

an application should be made under section 437(4) or (5); or

a direction and an application should both be made.

A report by an investigator may be accompanied by any document of which the investigator has taken possession after being produced under this Division, in which case the Registrar —

may retain the document for the period that the Registrar considers necessary in order to decide whether legal proceedings should be instituted as a result of the inquiry; and

may retain the document for the further period that the Registrar considers to be necessary to enable legal proceedings to be instituted and prosecuted; and

may permit the use of the document for legal proceedings instituted as a result of the inquiry; and

must permit inspection of the document by a person who would be entitled to inspect it if it were returned to its former custody; and

may permit inspection of the document by another person while it is in the possession of the Registrar but only if the Registrar considers that the person has an interest in the inquiry and, because of that interest, refusal of the inspection would be unjust.