79.—(1) The Registrar may at any time, on the Registrar’s own motion, institute an inquiry into the constitution, operations, financial condition or affairs of the society.
(2) The Registrar must institute an inquiry into the constitution, operations, financial condition or affairs of the society on the application of at least —
(a)
a majority of the committee of management; or
(b)
one-third of the members or 500 members of a society, whichever is the less.
(3) The Registrar may —
(a)
conduct an inquiry under subsection (1) or (2) himself or herself;
(b)
direct an authorised person to conduct the inquiry; or
(c)
delegate the exercise of the Registrar’s power to hold an inquiry under this section, partly or totally, to an apex organisation.
[3/2018]
(4) For the purposes of an inquiry under subsection (1) or (2), the Registrar or authorised person may by written notice require any person, whom the Registrar or authorised person reasonably believes is acquainted with any facts or circumstances concerning any matter in the inquiry, to attend at such place and at such reasonable time as the Registrar or authorised person may specify —
(a)
to be examined, to answer any question to the best of the person’s knowledge, information and belief, and to provide a signed statement of the matters on which the person is examined containing a declaration by the person of the truth of the statement; and
(b)
to produce or furnish any material or information in the person’s possession or custody.
[3/2018]
(5) The Registrar or authorised person may, without payment —
(a)
inspect, copy or make extracts from any material or information produced or furnished pursuant to a requirement under subsection (4); and
(b)
retain the material or information for such period as the Registrar or authorised person determines to be necessary.
[3/2018]
(6) Where any material or information is kept in electronic form —
(a)
the power of the Registrar or authorised person under subsection (4)(b) includes the power to require a copy of the material or information to be produced or furnished in legible form; and
(b)
subsection (5) applies to any copy of the material or information produced or furnished in legible form.
[3/2018]
(7) Where the exercise of any inquiry power has been delegated to an apex organisation under subsection (3)(c), the Registrar has power to do all things necessary to ensure that the inquiry is effectively held and in accordance with the provisions of this Act.
(8) The Registrar must communicate the results of any inquiry held under this section to the society concerned.