Victorian Numbered Acts

UNCLAIMED MONEYS (AMENDMENT) ACT 2004 (NO 5 OF 2004) - SECT 8

For section 13 of the Principal Act substitute —

        '13.     Powers of inspection

    (1)     A person may exercise a power under this section only—

        (a)     for the purpose of determining compliance with this Part by a business or trustee, including whether any offence has been committed against this Part; and

        (b)     during normal business hours.

    (2)     A person cannot exercise a power under this section until he or she has made a declaration of secrecy in the form of the First Schedule.

    Note:     Failure to comply with this sub-section is an offence—see section 15B(4)(a).

    (3)     A person (other than the Registrar) must produce his or her written authorisation for inspection—

        (a)     before exercising a power under this section other than a requirement made by post; and

        (b)     at any time during the exercise of a power under this section, if asked to do so.

    Note:     Failure to comply with this sub-section is an offence—see section 15B(4)(b).

    (4)     The Registrar or a person authorised in writing by the Registrar may—

        (a)     require a business to produce for inspection the register required to be kept by the business under section 11 or any other records or documents kept by or on behalf of the business that relate to unclaimed moneys; and

        (b)     require a trustee to produce for inspection any records or other documents kept by the trustee that relate to property to which section 12A applies; and

        (c)     inspect any register, records or documents referred to in paragraph (a) or (b); and

        (d)     take copies of any register, records or documents referred to in paragraph (a) or (b); and

        (e)     require a business or trustee to correct any error in a register, record or document referred to in paragraph (a) or (b).

    Note:     Failure to comply with a requirement under this sub-section is an offence—see section 15B(3).

    (5)     The Registrar may authorise a person to exercise powers under this section if the Registrar is satisfied that the person—

        (a)     is competent to exercise those powers; and

        (b)     is of good repute, having regard to character, honesty and integrity.

    (6)     Any copies taken under sub-section (4)(d) must be destroyed or returned to the owner of the thing copied as soon as the copies are no longer required for the purposes of determining compliance with this Part or any criminal proceedings.

    (7)     In this section—

"trustee" has the same meaning as in section 12A.'.