Insolvency, Restructuring and Dissolution Act 2018

Status:

Current version
as at 26 Apr 2024

Powers of investigation

403.—(1) For the purpose of investigating any offence under Parts 3 and 13 to 21, the Official Assignee or any officer authorised by the Official Assignee (called in this section an authorised officer) may do all or any of the following:

(a)	require, by notice in writing, any person who appears to be acquainted with the facts and circumstances relating to the offence to attend before the Official Assignee or authorised officer (as the case may be) on such date and at such time as may be specified in the notice;
(b)	examine any person who appears to be acquainted with the facts and circumstances relating to the offence, and require that person to answer such questions relating to the offence as may be posed by the Official Assignee or authorised officer, as the case may be;
(c)	require any person to furnish any information, or produce any book, document or copy of a book or document, which may relate to the offence, that is in the possession of that person and, without payment, inspect, keep, copy, photograph or take extracts from any such book, document or copy.

(2) A statement made by any person examined under this section must —

(a)	be reduced to writing;
(b)	be read over to that person;
(c)	if that person does not understand English, be interpreted in a language which that person understands; and
(d)	after correction, if necessary, be signed by that person.

(3) Any person who, without reasonable excuse, does any of the following shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both:

(a)	fails to attend before the Official Assignee or an authorised officer as required by a notice under subsection (1)(a);
(b)	fails to furnish any information, or produce any book, document or copy of a book or document, in that person’s possession as required under subsection (1)(c).

(4) Any person who, without reasonable excuse, fails to answer any question posed to that person as required under subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 6 months or to both.

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