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CORPORATIONS ACT 2001 - SECT 854A

Record-keeping and giving of information

             (1)  The regulations may make provision for and in relation to requiring a person:

                     (a)  to keep and retain records that are relevant to whether a person has voting power in a widely held market body and, if so, how much; and

                     (b)  to keep and retain records that are relevant to determining whether any disqualified individual is involved in a market licensee, a CS facility licensee or a derivative trade repository licensee; and

                     (c)  to give the Minister or ASIC information that is relevant to the matters mentioned in paragraphs (a) and (b); and

                     (d)  to give a widely held market body information that is relevant to the matter mentioned in paragraph (a).

             (2)  The regulations may provide that information given in accordance with a requirement covered by paragraph (1)(c) or (d) must be verified by statutory declaration.

             (3)  However, an individual is not required to give information in accordance with a requirement covered by paragraph (1)(c) or (d) if the information might tend to incriminate the individual or expose the individual to a penalty.

             (4)  A person contravenes this section if:

                     (a)  the person makes or keeps a record in compliance, or purported compliance, with a requirement covered by subsection (1); and

                     (b)  the person does so knowing that the record:

                              (i)  is false or misleading; or

                             (ii)  omits any matter or thing without which the record is misleading.

Note:          A contravention of this subsection is an offence (see subsection 1311(1)).

             (5)  Regulations made for the purposes of this section may make provision for or in relation to a matter by conferring a power on the Minister.



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