Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 1300

Inspection of books

             (1)  A book that is by this Act required to be available for inspection must, subject to and in accordance with this Act, be available for inspection at the place where, in accordance with this Act, it is kept and at all times when the registered office in this jurisdiction of the body corporate concerned is required to be open to the public.

             (2)  If any register kept by a company or a foreign company for the purposes of this Act is kept at a place other than the registered office of the company or foreign company, that place must be open to permit the register to be inspected during the same hours as those during which the registered office of the company or foreign company is required to be open to the public.

          (2A)  If a person asks a proprietary company in writing to inspect a particular book of the company that the person has a right to inspect, the company must make it available within 7 days, for inspection by the person at the place where it is required to be kept.

          (2B)  An offence based on subsection (2A) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  A person permitted by this Act (other than section 70-30 of Schedule 2) to inspect a book may make copies of, or take extracts from, the book and any person who refuses or fails to allow a person so permitted to make a copy of, or take an extract from, the book is guilty of an offence.

Note:          Section 70-30 of Schedule 2 is about books relating to an external administration.

             (4)  An offence based on subsection (3) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

Books relating to notified foreign passport funds

             (5)  Subsection (1) does not apply in relation to the books of the operator of a notified foreign passport fund that relate to the fund, or the books of a notified foreign passport fund.

             (6)  If a book of that kind is by this Act required to be available for inspection, it must, subject to and in accordance with this Act, be available for inspection:

                     (a)  at the registered office in this jurisdiction of the operator of the fund; and

                     (b)  at all times when that office is open to the public.



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