Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A receiver for a law practice may, by written notice, require a relevant person for the practice to give the receiver either or both of the following within the reasonable time stated in the notice:
(a) access to documents relating to the affairs of the practice the receiver reasonably requires;
(b) information relating to the affairs of the practice the receiver reasonably requires (verified in the way, if any, stated in the requirement).
Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code
, pt 3.4).
(2) The relevant person commits an offence if the person contravenes a requirement of a notice given to the person under subsection (1).
Maximum penalty: 50 penalty units.
(3) Subsection (2) does not apply if the person has a reasonable excuse.
(4) The relevant person cannot rely on the common law privileges against self-incrimination or exposure to the imposition of a civil penalty to refuse to comply with the requirement.
Note Section 597 (Professional privilege or duty of confidence does not affect validity of certain requirements etc) applies to the requirement.
(5) However, any information, document or other thing obtained, directly or indirectly, because of complying with the requirement is not admissible against the person in a civil or criminal proceeding, other than a proceeding for—
(a) an offence in relation to the falsity or misleading nature of a document or information; or
(b) an offence against this Act; or
(c) an offence relating to the falsity of the answer; or
(d) proceedings taken by the receiver for the recovery of regulated property.
(6) In this section:
"relevant person", for a law practice, means—
(a) an associate or former associate of the practice; or
(b) anyone who has, or has had, control of documents of the practice; or
(c) anyone who has information relating to regulated property of the practice or property that the receiver reasonably believes to be regulated property of the practice.