Commonwealth Consolidated Acts

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12HB

  (1)   If:

  (a)   a proceeding is instituted against a person under section   12GD; or

  (b)   an application is made under section   12GLA or 12GLB or subsection   12GM(2), 12GN(1), 12GNB(1), 12GNE(1) or 12GNF(1) for an order against a person;

ASIC must, at the request of the person and upon payment of the prescribed fee (if any), give to the person:

  (c)   a copy of every document that has been given to, or obtained by, ASIC in connection with the matter to which the application, notice or proceeding relates and tends to establish the case of the person; and

  (d)   a copy of any other document in ASIC's possession that comes to ASIC's attention in connection with the matter to which the application, notice or proceeding relates and tends to establish the case of the person;

not being a document obtained from the person or prepared by an officer or professional adviser of ASIC.

  (2)   If ASIC does not comply with a request under subsection   (1), the Court must, subject to subsection   (3), upon application by the person who made the request, make an order directing ASIC to comply with the request.

  (3)   The Court may refuse to make an order under subsection   (2) in respect of a document or part of a document if the Court considers it inappropriate to make the order by reason that the disclosure of the contents of the document or part of the document would prejudice any person, or for any other reason.

  (4)   Before the Court gives a decision on an application under subsection   (2), the Court may require any documents to be produced to it for inspection.

  (5)   An order under this section may be expressed to be subject to conditions specified in the order.