Western Australian Numbered Acts

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LEGAL PROFESSION ACT 2008 (NO. 21 OF 2008) - SECT 528

528 .         Examination of persons

        (1)         The investigator, by force of this section, has and may exercise the same powers as those conferred on the Australian Securities and Investments Commission by Part 3 Division 2 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth.

        (2)         Part 3 Division 2 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth applies to the exercise of those powers with the following modifications (and any other necessary modifications) —

            (a)         a reference to the Australian Securities and Investments Commission (however expressed) is taken to be a reference to the Board, the Complaints Committee or the investigator;

            (b)         a reference to a matter that is being or is to be investigated under Part 3 Division 1 of that Act is taken to be a reference to a matter that is being or is to be investigated, examined or audited by the investigator;

            (c)         a reference in section 19 of that Act to a person is taken to be a reference to an Australian legal practitioner or an incorporated legal practice;

            (d)         a reference to a prescribed form is taken to be a reference to an approved form;

            (e)         any modifications prescribed by the regulations.

        (3)         Sections 22(2) and (3), 25(2) and (2A), 26 and 27 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth do not apply in respect of the exercise of the powers conferred by this section.



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