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MUTUAL ASSISTANCE IN BUSINESS REGULATION ACT 1992 - SECT 18

Evidence etc. to be sent to foreign regulator

  (1)   Subject to this section, if a person complies with a requirement by a Commonwealth regulator under section   10, the Commonwealth regulator must:

  (a)   in the case of the giving of information--send the information, or a copy of the information certified by the Commonwealth regulator to be a true copy, to the foreign regulator by whom the relevant foreign request was made; or

  (b)   in the case of the production of documents--send copies of the documents certified by the Commonwealth regulator to be true copies to that foreign regulator; or

  (c)   in the case of the taking of evidence--send the evidence, as put in writing and certified by the person taking it, to that foreign regulator.

  (2)   The Commonwealth regulator may send information, evidence or copies of documents (in this section called the requested material ) to the foreign regulator in such form, and may edit or otherwise organise the requested material, as seems to the Commonwealth regulator to be appropriate in the circumstances.

  (3)   The Commonwealth regulator may refuse to cause the requested material to be transmitted to the foreign regulator or may cause part only of the material to be so transmitted if, upon examination of the material, it appears to the Commonwealth regulator for any reason to be appropriate to do so.

  (4)   Where an authorisation under section   8 specifies an undertaking to be given by a foreign regulator, the requested material must not be transmitted to the foreign regulator until the undertaking is given.

 


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