AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 546

Power of receiver to require documents or information

(1)  A receiver for a law practice may require –
(a) a person who is an associate or former associate of the practice; or
(b) a person who has or has had control of documents relating to the affairs of the practice; or
(c) a person who has information relating to regulated property of the practice or property that the receiver believes on reasonable grounds to be regulated property of the practice –
to give the receiver either or both of the following:
(d) access to the documents relating to the affairs of the practice the receiver reasonably requires;
(e) information relating to the affairs of the practice the receiver reasonably requires (verified by statutory declaration if the requirement so states).
(2)  A person who is subject to a requirement under subsection (1) must comply with the requirement.
Penalty:  Fine not exceeding 100 penalty units.
(3)  The validity of the requirement is not affected, and a person is not excused from complying with the requirement, on the ground that compliance with the requirement may tend to incriminate the person.
(4)  If, before complying with the requirement, the person objects to the receiver on the ground that compliance may tend to incriminate the person, the information given or the information in the documents to which access is given is inadmissible in evidence against the person in any proceedings for an offence, other than –
(a) an offence against this Act; or
(b) any other offence relating to the keeping of trust accounts or the receipt of trust money; or
(c) an offence relating to the falsity of the answer; or
(d) proceedings taken by the receiver for the recovery of regulated property.



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