Western Australian Numbered Acts Western Australian Numbered Acts (1) The Commissioner
may, by notice to a person who is the manager, or other officer for the time
being in charge of, an authorised financial institution, require that person
to give to the Commissioner such information as the Commissioner requires in
relation to a tenancy bond account, including information as to the balances
of and amounts of interest paid on the account.
(2) A notice —
(a) must
be in writing;
(b) must
specify the time at or within which the information is to be given;
(c) may
require the information to be —
(i)
given in writing;
(ii)
certified as correct by an auditor;
(iii)
given at or sent or delivered to a place specified in the
notice;
(iv)
sent or delivered by any means specified in the notice;
and
(v)
given on oath or affirmation or by statutory declaration;
and
(d) must
state that the person is required under this Act to give the information.
(3) A person must not,
without reasonable excuse, refuse or fail to comply with a requirement.
Penalty: a fine of $15 000.
(4) A person must not
give information in response to a requirement that the person knows is false
or misleading in a material particular.
Penalty: a fine of $15 000.
(5) It is a defence in
proceedings for an offence against subsection (3) for the person to show
that —
(a) the
notice under subsection (2) did not state that the person was required
under this Act to give the information; or
(b) the
time specified in the requirement did not give the person sufficient notice to
enable compliance with the requirement.
(6) A person is not
entitled to refuse to give the information on the grounds that the information
could tend to incriminate the person or render the person liable to a penalty.
(7) Despite
subsection (6), information given under this section is not admissible in
evidence in any proceedings against the person except proceedings for an
offence against subsection (4).
(8) In this
section —
“auditor” means —
(a) a
person registered as an auditor, or taken to be registered as an auditor,
under Part 9.2 of the Corporations Act 2001 of the Commonwealth; or
(b)
another suitably qualified person approved by the Commissioner for the
purposes of this section.