Commonwealth Numbered Acts

RETIREMENT SAVINGS ACCOUNTS ACT 1997 No. 61, 1997 - SECT 104

Section applies if books produced, seized etc.

(1) This section applies if:

   (a)  books are produced to a person under a requirement made under this
        Part; or

   (b)  under a warrant issued under section 103, a person:

        (i)    takes possession of books; or

        (ii)   secures books against interference; or

   (c)  because of a previous application of subsection (8) of this section,
        books are delivered into a person's possession.

Possession in (1)(a) case

(2) If paragraph (1)(a) applies, the person may take possession of any of the
books.

Power to inspect etc.

(3) The person may inspect, and may make copies of, or take extracts from, any
of the books.

Power to use for proceedings

(4) The person may use, or permit the use of, any of the books for the
purposes of a proceeding.

Retaining possession

(5) The person may retain possession of any of the books for so long as is
necessary:

   (a)  for the purposes of exercising a power conferred by this section
        (other than this subsection and subsection (7)); or

   (b)  for the purposes of the investigation; or

   (c)  for a decision to be made about whether or not a proceeding to which
        the books concerned would be relevant should be begun; or

   (d)  for such a proceeding to be begun and carried on.

Claims or liens

(6) No-one is entitled, as against the person, to claim a lien on any of the
books, but such a lien is not otherwise prejudiced.

Right of inspection

(7) While the books are in the person's possession, the person must permit
another person to inspect at all reasonable times such (if any) of the books
as the other person would be entitled to inspect if they were not in the
first-mentioned person's possession.

Delivery into possession of Commissioner etc.

(8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the
books into the possession of the Commissioner or of a person authorised by the
Commissioner to receive them.

Explanation of matters relating to books

(9) If paragraph (1)(a) or (b) applies, the person, or a person into whose
possession the person delivers any of the books under subsection (8), may
require:

   (a)  if paragraph (1)(a) applies-a person who so produced any of the books;
        or

   (b)  in any case-a person who was a party to the compilation of any of the
        books; to explain to the best of his or her knowledge and belief any
        matter about the compilation of any of the books or to which any of
        the books relate.