Commonwealth Consolidated Acts

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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 41

Federal Court may order information be given to ASIC

  (1)   If an entity has failed to comply with any provision of this Act or the Transitional Act that requires the entity to lodge with ASIC any information, ASIC may give the entity a written notice requiring the entity to comply with the requirement within 10 business days after the notice is given.

  (2)   If the entity does not comply with the notice within that period, the Federal Court may, on an application by ASIC, make an order directing any of the following persons to comply with the requirement or request:

  (a)   if the entity is a person--the entity;

  (b)   if the entity is a body corporate--a director, secretary or senior manager of the body corporate;

  (c)   if the entity is a partnership or the trustees of a trust--a partner or trustee;

  (d)   if the entity is an unincorporated association--a member of the committee of management of the association;

  (e)   in the case of a joint venture, an individual who is a joint venture entity or involved in the management of a joint venture entity.

  (3)   In paragraph   (2)(e), joint venture and joint venture entity have the same meaning as in Part   10.

  (4)   The order may provide that all costs of and incidental to the application are to be borne by the person.

 


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